'Presumption Of Innocence Not Effaced Merely Because Trial Court Has Recorded Conviction': Patna High Court Acquits Man In Rape Case

The Patna HC has held that the presumption of innocence does not cease merely because a Trial Court has recorded a conviction, and continues until the prosecution establishes guilt beyond reasonable doubt before the appellate court. The Court acquitted a man convicted of rape and procuration of a minor girl, noting material inconsistencies in the prosecution evidence.A Single Judge Bench...

'Absence Of Injuries Does Not Ipso Facto Negate Rape': Patna High Court Refuses To Quash Cognizance In Minor's Alleged Gang-Rape Case

The Patna HC has held that the absence of injuries on the body of an alleged rape victim does not ipso facto establish that rape was not committed, as rape is a legal finding and not a medical one. The Court refused to quash a cognizance order against four accused persons in a case involving the alleged gang rape of a 12-year-old girl with hearing and speech disabilities.A Single Judge Bench...

Patna High Court Quashes Defamation Case Over Ramdev Book, Says Disciples Cannot Claim To Be Aggrieved

The Patna HC has held that a person cannot initiate criminal defamation proceedings merely because he is a follower or disciple of the individual allegedly defamed. The Court observed that under Section 199(1) of the Code of Criminal Procedure (CrPC), a complaint for criminal defamation must be instituted by a person aggrieved by the alleged offence, and that personal sentiments or...

Non-Communication Of Written Grounds Of Arrest Does Not Vitiate Remand Without Demonstrable Prejudice: Patna High Court

The Patna HC has held that while examining a challenge to detention based on the alleged non-communication of written grounds of arrest, a prejudice-oriented test must be applied. The Court rejected a habeas corpus petition challenging an accused's remand, noting that he was already aware of the allegations against him, had sought anticipatory bail and was represented by a lawyer who opposed...

'Caste Status By Birth Cannot Be Denied': Patna High Court Grants Relief To Woman Denied SC Reservation Over Husband's Name On Certificate

The Patna HC has held that a candidate belonging to the Scheduled Caste (SC) category cannot be denied reservation benefits merely because her caste certificate mentions her husband's name instead of her father's name, when no such requirement has been prescribed in the recruitment advertisement. The Court observed that a caste certificate merely affirms a person's caste status, which...

Patna High Court Upholds ₹5 Lakh Compensation To L-1 Bidder Disqualified Over Condition Absent From Notice Inviting Tender

The Patna HC has upheld an award of Rs.5 lakh as compensation to an L-1 bidder who was arbitrarily excluded from a tender process for failing to comply with a condition that was not prescribed in the Notice Inviting Tender (NIT). The Court clarified that the compensation did not constitute contractual damages, as the relief was granted for arbitrary exclusion from the tender process.A...

'Compromise Cannot Be Sole Ground For Quashing Rape Case, Overall Circumstances Must Be Examined': Patna High Court

The Patna HC has held that criminal proceedings involving serious offences such as rape cannot be quashed solely because the parties have reached a compromise. However, the Court observed that the overall facts and circumstances, including the material collected during investigation and any subsequent settlement, must be considered while deciding whether such proceedings should continue.A...

'Advocate Cannot Be Criminally Prosecuted Merely Because Legal Opinion Turns Out Incorrect': Patna High Court

The Patna HC has held that an advocate cannot be subjected to criminal prosecution merely because a legal opinion furnished in the course of professional duties subsequently turns out to be incorrect. The Court clarified that criminal liability may arise where an advocate deliberately provides a false or misleading opinion in collusion with others to facilitate fraud.A Single Judge Bench...

Patna High Court Quashes Case Against Husband's Parents, First Wife In Alleged Bigamy Case, Says They Cannot Be Directly Booked

The Patna HC has held that offences relating to concealment of a previous marriage and fraudulently going through a marriage ceremony under Sections 495 and 496 IPC cannot be directly invoked against the family members of a person accused of bigamy. The Court observed that these provisions apply to the person contracting the subsequent marriage, while family members may be implicated where...

Patna High Court Acquits Husband, In-Laws In Dowry Death Case, Says Cruelty Must Be Proved 'Soon Before' Death

The Patna HC has held that the expression “soon before” under Section 304B IPC, concerning dowry death, requires the prosecution to establish a proximate or live link between dowry-related cruelty and the woman's death. The Court observed that although the provision was enacted to address the serious social evil of dowry deaths, its social purpose cannot justify diluting the...

Patna High Court Rejects Traders' Plea For Better Railway Siding Infrastructure, Says Mere Allegations Of Deficiency Insufficient

The Patna HC has held that general directions for improving infrastructure at railway sidings cannot be issued merely on the basis of allegations regarding inadequate facilities, particularly when no specific order or action of the railway authorities has been challenged.A Single Judge Bench of Justice G. Anupama Chakravarthy was hearing a writ petition filed by wholesale food grain...

Patna High Court Cancels Anticipatory Bail Granted 8 Years Ago, Says False Statement On Oath Cannot Be Excused

The Patna HC has held that a person who makes a false statement on oath while seeking anticipatory bail cannot justify the misrepresentation by arguing that the correct facts were already disclosed in the FIR annexed to the bail application. The Court cancelled anticipatory bail granted nearly eight years ago, holding that the absence of subsequent misconduct cannot validate an order...