Regular bail granted conditionally on surrender within six weeks in IPC offences relating to sexual assault and bigamy where informant retracted allegation.
Petition allowed; regular bail permitted on surrender within six weeks; order transmitted to lower court via fax.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16145 of 2013 ====================================================== Shankar Prasad Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 13-05-2013 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in Ujiarpur P.S. Case NO. 155 of 2012 registered for the offences punishable under Sections 493, 494, 376 and 323/34 of the Indian Penal Code pending in the court of learned ACJM, Dalasingsarai (Samastipur). It is alleged that on pretext of providing employment, the petitioner being the brother-in-law of the informant, established forceful physical relationship and performed marriage and subsequently when the informant came to petitioner’s house, the family members tortured and assaulted her.
It is submitted by learned counsel for the petitioner that informant has retracted from her initial version and filed a petition to that effect before the learned.
The aforesaid fact constitutes good ground for consideration of regular bail.
Patna High Court Cr.Misc. No.16145 of 2013 (2) dt.13-05-2013
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Let the learned court below consider the regular bail of the petitioner if the petitioner surrenders within a period of six weeks.
With the above observation, this application is, accordingly, disposed off.
Let the order be transmitted to the learned court below
through fax at the cost of the petitioner.
(Dinesh Kumar Singh, J)
Amrendra/-
1 issue framed by the court
Whether consideration of regular bail in a cheating/forgery case can be based on retraction of informant?
1 provisions across 1 enactments
Shankar Prasad Singh
State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
