The High Court granted regular bail to petitioners accused under IPC 376. Bail was conditional on their surrender within six weeks, considering the doctor's opinion on victim's age and alleged retraction by the informant.
Regular bail granted on the condition of surrender within six weeks regarding the pending case in Araria.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47821 of 2012
====================================================== 1. Md. Asim @ Asim son of Md. Hafiz 2. Md. Sufiyan son of Late Qiyamuddin .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 21-01-2013 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376/34 of the I.P.C. Accusation is of establishing forceful physical relationship with the informant.
It is submitted by learned counsel for the petitioners that in the opinion of the doctor the age of the victim has been fond to be 17-19 years when no sign of rape has been found. It is further submitted that informant has retracted from the initial version.
Let learned Court below consider regular bail of the petitioners, keeping in view of the fact that medical opinion does not suggest the accusation, if the petitioners surrender within a period of six weeks in connection with Araria(Tarabari) P.S. Case No. 458 of 2010, pending in the Court of learned Chief Judicial Magistrate, Araria.
With the observations above, the application stands disposed off.
Patna High Court Cr.Misc. No.47821 of 2012 (2) dt.21-01-2013
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Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioners.
(Dinesh Kumar Singh, J) Shageer/-
2 issues framed by the court
Whether the petitioner is entitled to regular bail bearing in mind the medical opinion and victim's retraction.
The condition of surrender within six weeks for granting bail.
1 provisions across 1 enactments
Md. Asim @ Asim
Md. Sufiyan
The State Of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
