The Patna High Court granted bail to the petitioner accused under Section 376 IPC, considering the delayed FIR and allegations of false cases by the informant. Bail bond of Rs. 10,000 with two sureties was fixed.
Petitioner to be released on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount.
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.
Patna High Court Cr.Misc. No.14669 of 2012 (7) dt.26-07-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14669 of 2012
====================================================== 1. Ajay Kumar Yadav S/O Bindeshwari Yadav .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 7 26-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner is in jail custody since 12.01.2012 in a case registered under Sections 376/34 of the Indian Penal Code.
The contention on behalf of the petitioner is that according to prosecution case, the alleged occurrence took place on 06.12.2011 whereas the first information report was lodged on 10.12.2011. It is further contended by him that the father of the informant is in habit of filing false cases against the innocente persons and after filing of the aforesaid cases he used to pressurize the accused persons of the aforesaid cases and after taking money he is in habit of entering into compromise. To fortify his above stated contention he drew my attention towards photostat copy of Barari P.S. Case No. 121 of 2006. It is further contended by him that petitioner was not caught in the house of the informant and
Patna High Court Cr.Misc. No.14669 of 2012 (7) dt.26-07-2012
moreover, after investigation police submitted charge sheet under Section 376 read with Section 511 of the Indian Penal Code.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Barari P.S. Case No. 213 of 2011.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
1 issue framed by the court
Whether the petitioner should be released on bail considering the delay in filing FIR and allegations of false prosecution.
2 provisions across 1 enactments
Ajay Kumar Yadav
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
