The Court granted bail to the petitioner, who was an accused in a rape case alleging false implication, directing his release upon furnishing a bail bond and sureties.
Petitioner Binod Rai directed to be released on bail by furnishing bail bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 8280 of 2015
Binod Rai
.… Petitioner
-VersusThe State of Jharkhand ..... Opposite Party
------- CORAM : HON’BLE MR. JUSTICE H.C.MISHRA
------For the Petitioner : : M/s. A.K.Kashyap, Sr. Advocate Swami Nath Prasad Rai For the State : : M/s. Vijay Kumar Roy, A.P.P. -------
5/ 04.01.2016. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Borio (M) P.S. Case No.359 of 2013, corresponding to G.R No.790 of 2013, P.C.R. Case No. 573 of 2014, for the offence under Section 376 of the Indian Penal Code.
There is allegation against the petitioner to have committed rape upon the informant and also to have assured to marry her.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case and after investigation the case has been found to be false and final form has been submitted in favour of the petitioner, but subsequently the cognizance has been taken on the basis of the protest petition.
The submission of the learned counsel for the petitioner finds support from the impugned order also.
In the facts of this case, I am inclined to release the petitioner on bail. Accordingly, the petitioner, Binod Rai, is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sahibganj, in connection with, Borio (M) P.S. Case No.359 of 2013, corresponding to G.R No.790 of 2013, P.C.R. Case No. 573 of 2014.
(H.C.Mishra, J.)
D.S.
1 issue framed by the court
Whether the petitioner should be released on bail in connection with rape charges.
1 provisions across 1 enactments
Binod Rai
State of Jharkhand
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
