The Patna high court rejected the anticipatory bail petition of suspended senior DSP Kamlakant Prasad in connection with a rape case of a minor Dalit girl.
The bench of justice Rajiv Rai rejected the bail plea after hearing both sides for over an hour.
During the hearing, the minor girl’s lawyer opposed the bail plea of DSP citing the Supreme Court judgments and also contended that the accused cannot be granted bail when a prima facie case is made after investigation, charge sheet has been submitted, the trial court has taken cognizance of the matter and the proceedings under Sections 82 and 83 of the CrPC have been initiated.
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The special PP Usha Kumari pleaded before the court during hearing said the minor confided in her brother and revealed details dating back to 2017 when the DSP posted in Gaya, had allegedly raped her in his quarters.
The high court found that the minor girl supported the prosecution and said the DSP had forcefully opened the door and allegedly raped her. He also threatened her if she raised an alarm or tell anyone about the incident.
The HC in its 20-page judgement stated that Kamlakant being a police officer, misused his official quarter where no staff was present due to festival holiday and allegedly raped the minor girl who was his daughter’s age because of which he does not deserve any relief.
“This court thus does not find any merit in the anticipatory bail application filed by the Kamlakant herein which is accordingly rejected,” read the order.
