Allowed

Tinku Kumar v. The State Of Bihar

Patna HC19 Jul 2013CR. MISC./22603/2013

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in a rape case, relying on a medical report that negated the accusation. The court fixed a bond of Rs. 10,000 and authorized the Trial Court to cancel bonds on consecutive defaults.

What did the court decide?

Petitioner released on bail furnished on Rs. 10,000 bond with two sureties of like amount. Trial Court may cancel bond on two consecutive defaults.

Tinku Kumar Vs The State Of Bihar — Bail and Remand | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.22603 of 2013

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====================================================== Tinku Kumar son of Sri Amarjeet Singh @ Amarjeet Prasad Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

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ORAL ORDER

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2 19-07-2013 Petitioner is languishing in custody since 01.03.2013 in a case registered for the offences punishable under Sections 376/34 of the I.P.C.

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It is alleged that the petitioner and one Kishan Kumar entered into the house of the informant, snatched her mobile and thereafter threw her from the roof and when the informant went to bring her mobile from the petitioner then this petitioner established forceful physical relationship.

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It is submitted by learned counsel for the petitioner that the medical report does not reflect any injury, particularly near the private part which completely negates the accusation of rape when the age of the victim has been found to be 18 years.

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It is submitted by learned counsel for the informant that other co-accused has still not surrendered when

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Patna High Court Cr.Misc. No.22603 of 2013 (2) dt.19-07-2013

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2 / 2

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the photograph of the informant was taken by the petitioner which can be misused.

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Considering the fact that medical opinion completely negates the accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 30 of 2013.

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Learned Trial Court will be at liberty to cancel the bail bonds of the petitioner, if the petitioner defaults for two consecutive occasions during the trial without any reasonable cause.

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(Dinesh Kumar Singh, J)

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Shageer/-

Tinku Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Tinku Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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