Juvenile's Bail Cannot Be Rejected With Mere Liberty To Renew Plea After 6 Months Without Change In Circumstances: Patna High Court

The Patna High Court has held that a Children Court cannot reject a juvenile's bail application while merely giving him liberty to renew the application after six months if the trial has not concluded, observing that such an approach is not permissible under the Juvenile Justice (Care and Protection of Children) Act, 2015.A Single Judge Bench of Justice Jitendra Kumar was hearing an appeal...

Patna High Court Directs Payment For Work Done Beyond Contract Period Despite No Extension Order, Notes Dept Was Benefited By Work

The Patna HC has held that an employee cannot be denied remuneration for work performed beyond the contractual period merely because there was no formal order extending the contract, where the Department had taken the work and benefited from it.A Single Judge Bench of Justice Dr. Anshuman was hearing a writ petition filed by the widow of a former Chief Aircraft Engineer of the Civil...

Prolonged Incarceration, No Digital Or Financial Links With Co-Accused: Patna High Court Grants Bail To UAPA Accused After 2 Years In Jail

The Patna HC has held that prolonged incarceration, absence of digital or financial links with co-accused, and the slow progress of trial were relevant circumstances warranting grant of bail to an accused facing prosecution under the Unlawful Activities (Prevention) Act, 1967 (UAPA) and the Arms Act.A Division Bench of Justice Rajeev Ranjan Prasad and Justice Sunil Dutta Mishra was hearing...

Victim Cannot Appeal Against Inadequacy Of Sentence Under Juvenile Justice Act; Remedy Is Revision: Patna High Court

The Patna HC has held that a victim or informant cannot maintain an appeal seeking enhancement of sentence on the ground of inadequacy of sentence, and that the appropriate remedy is to file a criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015.A Single Judge Bench of Justice Jitendra Kumar was hearing an appeal filed by the informant...

Accused Already Released On Bail Cannot Seek Anticipatory Bail Again, Must Surrender And Seek Regular Bail: Patna High Court

The Patna HC has held that an accused who has already surrendered before the Court pursuant to an order granting anticipatory bail and has been released on bail is in constructive custody of the Court, and therefore cannot subsequently seek anticipatory bail. The appropriate remedy is to surrender and seek regular bail.A Single Judge Bench of Justice Jitendra Kumar was hearing an...

Lying On Woman & Pressing Her Mouth Without Any Act Towards Penetration Is Not Attempted Rape: Patna High Court

The Patna HC has held that merely lying upon a woman and pressing her mouth, without any act towards penetration, would not constitute an attempt to commit rape where the evidence does not establish that the accused had gone beyond the stage of preparation.A Single Judge Bench of Justice Sandeep Kumar was hearing an appeal against the judgment of conviction dated 29.07.2013 and order of...

Patna High Court Appoints Special Officer To Verify Husband's Assets Amid Wife's Dispute Over Income, Awards ₹50 Lakh Alimony

The Patna HC has held that where there is a substantial dispute between the parties regarding the husband's assets and income, the Court can appoint a Special Officer to ascertain the extent of his property while determining the wife's entitlement to permanent alimony.A Division Bench of Justice Bibek Chaudhuri and Justice Rana Vikram Singh was hearing a matrimonial appeal against the...

High Court Stays Corruption Case Against OSD To Former Punjab CM Captain Amarinder Singh

The Punjab and Haryana High Court has stayed further proceedings against three accused including Officer on Special Duty (OSD) to former Punjab CM Captain Amarinder Singh in a Vigilance Bureau case alleging embezzlement of ₹65 lakh meant for installing street lights in villages around Ludhiana.The accused contend that the Special Judge pressured the investigating agency into filing...

Departmental Inquiry Without Witnesses, Documents And Cross-Examination Cannot Sustain Major Penalty: Patna High Court

The Patna HC has held that a major penalty cannot be sustained on the basis of a departmental inquiry where no witnesses were examined, documents were not properly furnished or exhibited, and the delinquent employee was denied an effective opportunity of cross-examination.A Single Judge Bench of Justice Kumar Manish was hearing a writ petition filed by Pawan Kumar challenging an order whereby...

Treating Employee As 'Fresh Appointee' After 42 Years Is Contrary To Constitutional Ethos: Patna High Court On Pay Cut Of Daily-Wage Worker

The Patna HC has held that treating a long-serving daily-wage employee as a “fresh appointee” at the fag end of his career, resulting in a reduction in his pay, requires reconsideration, particularly where similarly situated employees had been granted the benefit of earlier regularization.A Single Judge Bench of Justice Kumar Manish was hearing a writ petition filed by the petitioner, who...

'Template Arrest Memo Saying Officer Explained Grounds Of Arrest Is Not Compliance With Article 22': Patna High Court

The Patna HC has held that merely recording in a proforma arrest memo that the arresting officer explained the grounds of arrest to the accused does not satisfy the constitutional mandate under Article 22 of the Constitution, where the grounds of arrest have not been furnished to the arrested person in writing.A Division Bench of Justice Rajeev Ranjan Prasad and Justice Sunil Dutta Mishra...

'Two-Month Delay In Lodging FIR in Gang Rape Case Not Extraordinary, Cannot Disbelieve Entire Occurrence': Patna High Court

The Patna HC has held that a two-month delay in lodging an FIR in a gang-rape case is not so extraordinary that the entire occurrence can be disbelieved on that ground alone.A Single Judge Bench of Justice Chandra Shekhar Jha was hearing a quashing petition seeking to set aside the order dated 27.11.2018 by which the Special Judge, SC/ST, Patna had taken cognizance under Section 376(D) of...