This bail order in cases under Sections 366 and 376 IPC grants bail to the petitioner despite prior rejections, as the parties and their guardians have settled a marriage agreement between him and the victim.
Released on bail on furnishing a bond of Rs.10,000 with two sureties of like amount each.
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.10672 of 2014 (2) dt.12-03-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10672 of 2014
====================================================== 1. Sagar Gupta Son Of Prakash Gupta R/O Village Govindpur, P.S. Maheshkhunt, District Khagaria .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bisheshwar Ram, Advocate For the Opposite Party/s : Mr. Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER -------------- 2 12-03-2014 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case which has been registered for offences under Sections 366 and 376 of the Indian Penal Code.
Earlier the prayer for bail of the petitioner was rejected twice considering the allegations.
Submission is that the petitioner was intimated with the victim from before and both entered into physical relationship. Subsequently, the parties as well as their guardians have agreed that the petitioner should be married with victim Karishma Kumari. In this connection petition has been filed on their behalf before the court below and the court below has taken note of while rejecting the prayer for bail of the petitioner that the prayer
Patna High Court Cr.Misc. No.10672 of 2014 (2) dt.12-03-2014
for bail has already been rejected by the Hon’ble High Court.
Submission is that as the marriage of the petitioner with the victim has been settled, the petitioner should be released on bail.
Considering all the above and in the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Ad hoc Additional Sessions Judge II, Khagaria in Sessions Trial No. 96 of 2013 arising out of Maheshkunt P.S.Case No. 100 of 2012.
(Shyam Kishore Sharma, J)
Tahir/-
1 issue framed by the court
Whether the petitioner should be released on bail after marriage settlement between the parties considering prior rejection of bail.
2 provisions across 1 enactments
Sagar Gupta Son Of Prakash Gupta
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
