In criminal miscellaneous bail application, the Patna High Court rejected the plea for regular bail. The petitioner was accused of rape and assault on the victim at gunpoint and is in custody since May 29, 2023. The court found no ground to grant bail.
Application for grant of regular bail rejected; petitioner in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78199 of 2023
Arising Out of PS. Case No.-46 Year-2022 Thana- MAHILA PS District- Khagaria
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PAWAN KUMAR, Son of Abodh Mandal, Resident of village - Nayagaon, Godhiyasi, P.S.- Parbatta, District- Khagaria.
... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
learned APP for the State.
2 . This application for grant of regular bail arises out of Mahila P.S. Case No.46 of 2022 registered for the offence punishable under Sections 448, 452, 376 and 323 of the Indian Penal Code.
3 . The victim has been rapped by the petitioner on the gun point. The petitioner is in custody since 29.05.2023.
4 . Considering the nature of allegation levelled against the petitioner, I am not inclined to grant the petitioner privilege of regular bail for the present. Accordingly, this bail application is rejected.
(Sandeep Kumar, J)
pawan/- U T
3 issues framed by the court
Whether regular bail should be granted to the petitioner accused of rape and assault.
Whether the victim was raped by the petitioner at gunpoint.
Whether the allegations levelled against the petitioner warrant grant of bail.
1 provisions across 1 enactments
Pawan Kumar
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
