Patras Alias Billa v. State of Punjab etc.
Case brief
What is this about?
Considered an application for bail from an accused alleged to have raped a five-year-old child. Regular bail refused pending availability of complainant and prosecutrix; bail may be approached within five months if they are not examined.
What the court decided
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARAYANA AT CHANDIGARH
Crl. Misc. No.M-14893 of 2010 Date of Decision: 04.07.2011
Kulvir Singh
….Petitioner
Versus
State of Punjab
….Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI
Present: Mr. Ramandeep Singh, Advocate for the petitioner.
Mr. Arshvinder Singh, Addl. Advocate General, Punjab
M.M.S. BEDI, J. (ORAL)
The petitioner is alleged to have committed rape on a five years old female child as per the allegations of Meena Rani, mother of the prosecutrix. Learned counsel for the petitioner contends that though the petitioner is in custody since 10.06.2009 neither the complainant nor the prosecutrix has been available as has been admitted by the investigating officer who appeared in the Court, to make a statement.
Issues for consideration
2 issues framed by the court
Whether regular bail can be granted to an accused alleged to have raped a minor girl whom the complainant or victim has not been available to examine.
What conditions must be met for the petitioner to approach the Court for regular bail in the absence of the complainant and prosecutrix.
Parties & counsel
- petitioner
Kulvir Singh
- respondent
State of Punjab
Coram
M M S Bedi
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · May
- Registered
- Case no.
- CRM-M/14893/2010
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