Allowed

Munna Tiwari v. The State Of Bihar

Patna HC1 Jul 2014CR. MISC./11428/2014

Case brief

AI extract

What is this about?

In a criminal miscellaneous proceeding, the Patna High Court granted bail to the petitioner accused of rape and criminal conspiracy. The court noted the absence of physical injury in the medical report and alleged false complaint motives, directing the petitioner to cooperate in the trial.

What did the court decide?

Release of petitioner on bail upon furnishing bonds of Rs. 10,000 with two sureties.

Munna Tiwari Vs The State Of Bihar — Cheating and Forgery | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No.11428 of 2014

¶3

Arising Out of PS.Case No. -80 Year- 2013 Thana -SAHODARA District-

¶4

WESTCHAMPARAN(BETTIAH)

¶5

====================================================== Munna Tiwari Son Of Surendra Tiwari @ Ata Tiwari Resident Of VillageBazar, P.O.-Padroan, P.S.-Sahodra, District-West Champaran

¶6

.... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

¶7

For the Petitioner/s : Mr.

¶8

For the Opposite Party/s : Mr.

¶9

======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER

¶11

3 01-07-2014 Heard learned counsel for the petitioner and Mr. Sanjay Kumar, learned A.P.P. for the State.

¶12

The petitioner seeks bail in Sahodra P.S. Case No. 80 of 2013 dated 21.10.2013 instituted under Sections 376/120B of the Indian Penal Code.

¶13

Learned counsel for the petitioner submits that though he is alleged to have committed rape and the further allegation is that he was caught at the spot and lateron his family members had come and taken him away but the allegation is false and fabricated. It is submitted that a few years back the mother-inlaw of the informant had also accused the father of the petitioner in a similar way and the case had finally been compromised

¶14

Patna High Court Cr.Misc. No.11428 of 2014 (3) dt.01-07-2014

¶15

2/2

¶16

resulting in acquittal. It is submitted that in that background, the present allegation appears to be more in a preplanned manner since on the last occasion, after taking money, the matter was compromised due to which the present allegation has also been made with ulterior motives. Learned counsel submits that the petitioner has clean antecedent and is in custody since 16.12.2013. Learned counsel further submits that the medical report has found no case of any external or internal injury on the private parts or on the person of the lady and also no recent sign of sexual assault.

¶17

Learned A.P.P. for the State, upon going through the case diary, does not dispute the aforesaid position.

¶18

Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in Sahodra P.S. Case No. 80 of 2013. The petitioner shall cooperate in the trial and be present before the Court on each and every date fixed in the case. Failure to do so on two consecutive dates without sufficient cause shall lead to cancellation of his bail bonds.

¶19

(Ahsanuddin Amanullah, J.)

¶20

Anjani/-

¶21

Munna Tiwari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Munna Tiwari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashok Paswan Vs The State Of Bihar

Mathura Yadav Vs The State Of Bihar

Shashi Kant Verma Vs The State Of Bihar

Arun Gupta Vs The State Of Bihar

Sudhanshu Kumar @ Tutu Vs The State Of Bihar

Sunil Kumar @ Akshya Lal Vs The State Of Bihar