Rape case: SC cancels bail granted to suspended RJD MLA

Suspended RJD MLA Raj Ballabh Yadav, accused of allegedly raping a minor girl, will continue to remain in jail as the Supreme Court today cancelled the bail granted to him by Patna High Court.

india Updated: Nov 24, 2016 18:18 IST
Avinash Kumar
Avinash Kumar
Hindustan Times
Raj Ballabh Yadav has been accused of raping a minor girl at his residence in Bihar Sharif. (File Photo)

Just a day after a special POCSO court of Biharsharif granted bail to Nawada RJD MLA Raj Ballabh Yadav, in jail for the rape of a minor, the Supreme Court on Thursday passed an order saying he would remain in jail.

The apex court had, on Wednesday, reserved its order on the Bihar government’s plea seeking cancellation of bail granted to Yadav by Patna high court. On Thursday, it ruled Yadav would stay in jail.

Put it to his bad luck that Yadav, who has been suspended from his party, could not walk out of the jail on Wednesday to spend a day in freedom, thanks to a technical error in his release order on Wednesday.

The three term MLA is undergoing trial on the charge of raping a minor girl at his residence-cum-party office on February 6.

Yadav had been granted bail by the Patna high court on September 30, following which the victim had expressed concern for her own and her family’s safety. Thereafter, the Bihar government had moved the Supreme court for the cancellation on his bail. After this, the apex court had ordered the cancellation of his bail.

Thereafter, on November 9, following the SC’s order, Yadav had surrendered before the special POCSO court of ADJ-1 Shashi Bhushan Prasad Singh.

The trial court sent back to prison for two weeks to enable the rape victim to record her statement before a trial court. According to Yadav’s lawyer Kamlesh Kumar, he had appealed to the special court to grant bail to his client on the ground that the SC had ordered jail custody for only 15 days, which expired on Tuesday.

“We had moved a regular bail petition of Yadav’s before trial court on the basis of the SC’s directive saying that Yadav would remain in jail till the recording of the victim’s statement, which concluded on Monday”, said Kumar.

During the hearing of bail petition, special PP Someshwar Dayal, Qaisar Imam and Jitendra Kumar opposed it on the ground that the matter was being heard by the SC. Subsequently, the special court interacted with the victim for around an hour and then ordered to release Yadav.

Qaisar confirmed that the special court had granted bail to Yadav.

When the release order of Yadav reached the district jail of Biharsharif, authorities found that an IPC section mentioned in the FIR, had not been mentioned in the order issued by the special court.

Along with the apex court order saying Yadav would remain in jail, the victim’s second sister appeared before the special POCSO court and recorded her statements on Thursday.

“We are happy that the MLA’s bail has been cancelled and he remains to judicial custody. Now, we want that the case should go through a speedy trial and reach its logical conclusion. We want that the accused MLA should be hanged,” said the girl’s father.

First Published: Nov 24, 2016 12:29 IST