Bail petition in a rape case dismissed. Court found victim pregnant and trial pending under Section 313 Cr.P.C., refused bail, and directed trial court to expedite proceedings.
Prayer for bail refused; Trial court directed to expedite trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5616 of 2023
Arising Out of PS. Case No.-486 Year-2021 Thana- MAHUA District- Vaishali
======================================================
Vikash Kumar S/O Ram Avtar Singh R/v- Hirpur, P.S.- Jandaha, DistrictVaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anirudh Kumar Sinha For the Opposite Party/s : Mr.Umesh Lal Verma ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
4 26-07-2023
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner seeks bail, who is in custody since
10.06.2022 in connection with Mahua P.S. Case No. 486 of 2021, F.I.R. dated 05.08.2021 registered for the offences punishable under Sections 376/420/34 of the Indian Penal Code and Section 67 of Information Technology Act.
Allegation against the petitioner is of committing rape upon the informant by blackmailing her on the threatening of publication of her photo on social media platform.
Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.
Patna High Court CR. MISC. No.5616 of 2023(4) dt.26-07-2023 2/2
Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that at the time of medical examination the victim was pregnant.
Vide order dated 21.06.2023, a report was called for with regard to the stage of the trial. Report dated 18.07.2023 of the learned Trial court reveals that all the chargsheeted witnesses have been examined and the case is pending for recording the statement of the accused under Section 313 of the Cr. P.C.
Considering the aforesaid facts and in view of the report of the learned Trial court, I am not inclined to enlarge the petitioner on bail in connection with Mahua P.S. Case No. 486 of 2021 pending in the Court of learned Chief Judicial Magistrate, Vaishali at Hajipur..
Prayer is refused.
However, the learned Trial court is directed to expedite the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a rape case where the victim was pregnant and the trial was pending for recording statement under section 313 Cr.P.C.
3 provisions across 3 enactments
Vikash Kumar
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
