Boy accused of rape of 77-year-old woman in Bihar gets bail, witnesses reconsider their stand

A 77-year-old woman was sexually assaulted in Chapra by a boy in his early twenties in Chapra, a district in Bihar in May. However, little did anyone expect that the road to justice would be full of hardships. The accused, Amit Kumar is out on bail and loitering the streets of the district on his motorbike. He is also an accused in other cases of molestation and eve-teasing.

Seeing the naked display of Kumar's confidence the witnesses in the case are reconsidering their stand, given he is accused in several other crimes against women. The accused is the neighbour of the victim.

A widow of the retired Principal of Rajendra College, Chapra has rented out a portion of her house to a family acquaintance for her own safety after her husband's death in 2013.

However, the tenants vacated the house in January 2021. Thereafter, she was on the lookout for a new tenant.

Her children are married and settled out of Chapra.

The case:

"In the evening at around 6.30 pm May 16, the accused on the pretext of taking the vacant portion of my house on rent and after being sure that I was alone in the house, entered my house and attempted to outrage my modesty.

He made me nude, inappropriately touched me and fondled my private parts and also tried to rape me. On being resisted , he gave severe beatings, dragged me naked in the rough courtyard resulting in bruises under my eyes from the slaps and on the body and a large bump on my head. Somehow after struggling I managed to run out naked on the road and called for help," the victim narrated her ordeal to The Hans India.

The accused was in an inebriated state when he entered the house of the victim.

The known acquaintances of the accused said that Kumar gloated about the crime.

In the said mental state, a written information of the criminal act was made at the Bhagwanbazar Police Station, and the FIR was registered against the named accused Mr. Amit Kumar under case no. No.257/2021 dated 17.05.2021 under Sections 341,323,348,354B,504 and 506 IPC. and my statement under Section 161 Cr.P.C was taken by the Police.

"Surprisingly Section 376 IPC was not added in the sections and all the Sections whereunder the said FIR has been lodged except Section 354B, are bailable. However, it appears that the case was not seriously pursued, which is evident from the following facts since the FIR was registered only after a day of the incident. The Police did not take me to the hospital for medical examination and it was conducted only after the intervention of the Superintendent of Police, Saran, Santosh Kumar , who then gave necessary instructions to the Thana," she said.

"To my utter dismay and fear, the Accused was granted bail by AJCM 1 on May 29 on the ground that all Sections of the said FIR except Section 354B IPC, were bailable in nature and Section 354B IPC was maliciously applied to make the case serious," the victim added.

The statement under Section 164 CrPC liable to be recorded as soon as possible preferably within 24 hours especially in the cases of crime against women , was taken by the Lady Judicial Officer on June 3, 18 days after the crime.

The newspaper spoke to the witnesses who said that Kumar has criminal antecedents but out of fear, the people have chosen not to speak out openly against the accused.

"He is a known predator in the colony. There have been several accusations against him for crimes against women. It, however, surprised us that he got bail. He is taking the rounds of the street as if he has not done any crime," one of the witnesses told the reporter.

The Police is yet to file a chargesheet in the case.