In a bail application, the petitioner, arrested under sections for rape and allied offenses, sought release. The court noted discrepancies between the FIR and investigation, granting bail on furnishing a bond with two sureties.
Petitioner directed to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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Patna High Court Cr.Misc. No.25429 of 2012 (3) dt.07-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25429 of 2012 ====================================================== Birbal Yadav, S/o Opinder Yadav. R/o at Gangiya, P.S. Gangour, O.P. Khagaria, District- Khagaria. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 07-09-2012 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been arrested in connection with Khagaria (Gangaur) P.S. Case No. 70 of 2012, registered under Sections 376 and 323 and other allied Sections of the Indian Penal Code and Section 3(x) of the S.C. and S.T. Act.
However, in the F.I.R. the informant alleged to have rape, but subsequent statement of the victim in para 21 of the case diary there was no mentioned about rape. The police after investigation did not submit charge sheet against the petitioner, but subsequently charge sheet submitted under Sections 341, 323, 504 and 354/34 of the Indian Penal Code and Section 3(x) of S.C. and S.T. Act. The petitioner is in jail custody since 15. 05. 2012. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
Patna High Court Cr.Misc. No.25429 of 2012 (3) dt.07-09-2012
sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 70 of 2012.
m.p.
(Gopal Prasad, J)
1 issue framed by the court
Whether the petitioner is entitled to bail considering the discrepancy between the FIR allegations and the subsequent investigation charges.
2 provisions across 2 enactments
Birbal Yadav
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
