The court of additional district and sessions judge (ADJ-1), Biharsharif, Rashmi Sikha on Tuesday issued proclamation order against RJD MLA Raj Ballabh Yadav, accused of raping a minor girl at his Nawada (south central Bihar) residence.
“As the warrant issued against accused Raj Ballabh has returned unexecuted, a request has been made by the investigating officer (IO) for issuance of proclamation notice under sections 82 (proclamation for person absconding) of the CrPC. In view of this, notice under sections 82 of the CrPC be initiated against him,” said the special court, also designated for the protection of children from sexual offences (Pocso) Act that is applicable as the victim is a minor.
After the issuance of proclamation notice by the court, the absconding accused has to surrender before the court or the Nalanda police will be enabled to start proceedings to attach his properties.
In case of non-appearance of the accused within 30 days, the court said, proceedings would be initiated against the MLA, representing the Nawada assembly constituency, under section 83 of the CrPC, which entails seizure of personal property.
Special public prosecutor for Pocso Act cases Jagat Narayan Sinha said if the MLA failed to honour the court orders, the process to declare him a ‘proclaimed offender’ under section 83 of the CrPC would be initiated.
Earlier, MLA’s counsel Kamlesh Kumar opposed Sinha’s demand for property attachment warrant before the court.
The MLA along with other accused Sulekha Devi, her mother Radha Devi and daughter Chhoti Devi has been evading arrest for over 12 days in connection with the sexual assault case lodged against them by a school girl at the woman police station of Nalanda.
Sulekha, her daughter and mother allegedly lured a school girl from Professors’ colony (Gadhpar) near Bihar police station and handed her over to the MLA on February 6, after which the MLA allegedly raped her.
The Nalanda police have not been able to trace them even 12 days after registration of the rape case against the MLA. A non-bailable warrant issued against him could not be executed before the deadline set for the purpose.
The MLA is said to have given the Nawada and Nalanda police teams the slip on February 10 when the victim identified the MLA the moment she saw him coming out of his house in Pathra English locality under Mufassil police station of Nawada where she was kept hostage for a night.
Meanwhile, Nalanda SP Kumar Ashish said the police would request the court through PP for issue of property attachment warrant as a special case as the MLA might try to dispose of moveable properties.
This could be done in exceptional circumstances, subject to filing of an affidavit by the investigating officer saying there were circumstances to issue warrant for attachment, said a senior police officer.