Allowed

Sudhanshu Kumar @ Tutu v. The State Of Bihar

Patna HC1 Jul 2014CR. MISC./11796/2014

Case brief

AI extract

What is this about?

In a criminal matter involving an offence under Section 376 IPC, the High Court of Patna granted bail to the petitioner in Civil Lines P.S. Case No. 480 of 2013, citing discrepancies in the informant's version and clean antecedents.

What did the court decide?

The petitioner was released on bail on furnishing bonds of Rs. 10,000 with two sureties to the satisfaction of the Chief Judicial Magistrate.

Sudhanshu Kumar @ Tutu Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No. 11796 of 2014

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Arising Out of PS.Case No. -480 Year- 2013 Thana -CIVIL LINE District- GAYA ====================================================== Sudhanshu Kumar @ Tutu Son of Jag Narayan Prasad Resident of Village and P.O. - Naily, Police Station - Nimchak Bathani, District - Gaya (Bihar). .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 4. 01-07-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Civil Lines P.S. Case No. 480 of 2013 dated 14.10.2013 instituted for offence punishable under section 376 of the Indian Penal Code. Learned counsel for the petitioner submits that though the petitioner is accused in the case but the same is one of love affairs and not any criminal offence. It is submitted that the medical examination shows that there was no sign of recent sexual intercourse and her age has been assessed to be 18-19 years. Learned counsel submits that in the F.I.R. the story is that the informant was forcibly taken by the petitioner and kept in a room where she was sexually assaulted but in the statement to the Court under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) she has stated that it was night of ‘Navami’ and petitioner was

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Patna High Court Cr.Misc. No.11796 of 2014 (4) dt.01-07-2014

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standing outside and thereafter caught hold of her from behind. It has further been submitted that only in the morning she was sexually assaulted. However, there is no explanation either in the F.I.R. or in the statement before the Court as to how her parents reached the place from where she was found. It is further submitted that the petitioner has clean antecedent and is in custody since 15.10.2013.

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Learned A.P.P. for the State, upon going through the case diary, does not dispute what has been stated by learned counsel for the petitioner especially with regard to the discrepancies in the version of the fardbeyan, the statement to the Court and the findings of the medical report.

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Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let the petitioner be released on bail on 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, Gaya in Civil Lines P.S. Case No. 480 of 2013.

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Anand Kr.

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Sudhanshu Kumar @ Tutu v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sudhanshu Kumar @ Tutu v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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