The Patna High Court disposed of an anticipatory bail petition wherein the petitioner apprehended arrest for rape-related offences. The Court allowed it on conditions.
Anticipatory bail granted; direction to surrender before the concerned court within a month and seek regular bail if so advised.
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.5006 of 2013 (3) dt.17-06-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5006 of 2013
| ============== Ashok Kumar The State Of Bihar ============== |
======================================== .... .... Petitioner/s Versus .... .... Opposite Party/s ======================================== |
|---|---|
Appearance : For the Petitioner/s For the State : |
: Mr. Mr. Upendra Kumar, A.P.P. |
| ============== CORAM: HONO SRIVASTAVA ORAL ORDER |
======================================== URABLE MR. JUSTICE HEMANT KUMAR |
| 3 17-06-2013 Heard |
learned counsel for the petitioner as well as |
| learned Addition | al Public Prosecutor for the State. |
The petitioner apprehends his arrest in connection with Chakiya P.S. Case No. 126 of 2012 registered for the offence punishable under Section-376 read with 511 & 324 of the Indian Penal Code.
It appears from perusal of impugned order that the learned Sessions Judge rejected the anticipatory bail of the petitioner without perusing the case diary but from perusal of the case diary, I find that at paragraph-3 of the case diary, there is statement of victim in which, she stated that while she was sleeping in her house, she was taken away by the petitioner and the petitioner bite on her cheek. The victim specifically stated that except the aforesaid bite, the petitioner did nothing with her.
Considering the facts and circumstances of the case as
Patna High Court Cr.Misc. No.5006 of 2013 (3) dt.17-06-2013
well as submission of the parties, this anticipatory bail petition stands disposed of with direction to the petitioner to surrender before the concerned court within a month from the date of receipt of this order and if so advised, he may seek regular bail and if the petitioner does so, the learned court below shall pass order in accordance with law on merit without being prejudiced by this order.
Let the copy of this order be communicated to the court
concerned through fax at the cost of the petitioner.
(Hemant Kumar Srivastava, J)
A.K.V./-
1 issue framed by the court
Whether the anticipatory bail of the petitioner should be granted given the rejection by the Sessions Judge without perusing the case diary and the minor injury alleged by the victim.
1 provisions across 1 enactments
Ashok Kumar
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
