The petitioner sought bail in a defamation and rape attempt case pending before the Chief Judicial Magistrate. The court noted the matter was compromised via a supplementary affidavit and ordered the victim to appear for a decision on the necessity of further trial before disposing of the bail application.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20685 of 2014
Arising Out of PS.Case No. -203 Year- 2012 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== 1. Santosh Pandit S/o Sukhu Pandit, Resident of Village Jafrabad, P.S. Desari, District Vaishali. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satyabir Bharti, Advocate For the Opposite Party/s : Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4 12-11-2014 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in Desari P.S. case No.203 of 2012 instituted for the offence under Sections 366A, 467, 468, 496 and 120B of the Indian Penal Code, pending before the Chief Judicial Magistrate, Vaishali. Supplementary Affidavit has been filed stating therein that now the matter has been compromised. Since the trial is on, the alleged victim is directed to appear on the next given date, upon which the Trial Court shall consider as to whether the further trial is essential for ends of justice.
With these observations, the application is disposed of.
(Anjana Prakash, J)
Narendra/-
U T
2 issues framed by the court
Whether bail application should be dismissed upon the voluntary compromise of the offence by the victim.
Whether the trial court is directed to adjourn proceedings for the victim's appearance to decide on the necessity of further trial.
1 provisions across 1 enactments
Santosh Pandit
The State of Bihar
Smt. Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
