The High Court granted bail to the petitioner charged with attempting to commit rape, directing him to furnish a bond and two sureties despite allegations of false implication and procedural irregularities.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of Rs. 10,000 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.21709 of 2014 (03) dt.21-08-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21709 of 2014
Arising Out of PS.Case No. -493 Year- 2013 Thana -BIHTA District- PATNA
====================================================== Sateyndra Sao @ Kapuri Sao .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sangeet Deokuliar-Advocate For the Opposite Party/s : Mrs. Sharda Kumari-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 03 21-08-2014 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Sanju Devi, mother of victim Janki Kumari aged about 14 years filed written report putting an allegation against the petitioner to have attempted to commit rape upon her daughter in the night of 28.07.2013.
It has been submitted on behalf of petitioner that he has been falsely implicated in this case in the background of being neighbour of informant and there happens to be some sort of dispute amongst them. It has further been submitted that in the written report, there happens to be specific assertion that the victim suffers from mental disorder (idiot). However, is not found supported with either from nature of statement what she had given under para-8 as well as from the medical evidence. It has further
Patna High Court Cr.Misc. No.21709 of 2014 (03) dt.21-08-2014
been submitted that petitioner made house trespass after breaking the latches, but during course of inspection of P.O. (Para-11), the same has not been found. Furthermore, it has been submitted that victim’s father Tuntun Sao was sleeping in the same house, in an adjacent room and as per para-8 the statement of victim, she made protest as well as raised alarm, which is not at all found supported by her father, para-12. For the aforesaid, petitioner happens to be under custody since 10.08.2013.
On the other hand, learned Additional Public Prosecutor opposed the prayer and submitted that petitioner molested the victim while unsuccessfully made preparation for commission of rape.
Taking into account the aforesaid infirmities, petitioner Sateyndra Sao @ Kapuri Sao is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-Vth, Danapur, Patna in connection with Sessions Trial No.1437 of 2013/ 555 of 2014 arising out of Bihta P. S. Case No.493 of 2013.
(Aditya Kumar Trivedi, J)
Vikash/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail considering the alleged mental disorder of the victim and infirmities in the investigation report.
Sateyndra Sao @ Kapuri Sao
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
