In a criminal miscellaneous petition arising from a police case involving an attempted rape, the Single Judge upheld the discretion of the Court to release the petitioner on bail upon furnishing a surety bond before the Chief Judicial Magistrate.
The petitioner is directed to be released on bail on furnishing a bond of Rs. 10,000/- and two sureties.
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.23061 of 2014
Arising Out of PS. Case No. -64 Year- 2014 Thana -NARHAT District- NAWADA
====================================================== NIRANJAN KUMAR SON OF LATE JAINANDAN SINGH, R/O VILLAGE KHANWA, P.S. NARHAT, DISTRICT NAWADA.
.... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance: For the Petitioner/s : Mr. Md. Imteyaz Ahmad, Adv. For the State : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
Heard learned counsel for the petitioner,
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learned Additional Public Prosecutor assisted by learned counsel for the informant.
While victim (name withheld) along with her aunt had got to meet natures call on 18.04.2014 at about 05:00 AM, was caught hold by Santosh Singh with lasciviousness joined by Manish Kumar, Gautam Kumar, Subhash Chandra Bosh @ Lalji, Niranjan Singh (petitioner) who succeeded in lifting her towards a bush and after untying string unsuccessfully tried to commit rape. At that very time others had apprehended her. They escaped therefrom after arrival of the villagers. Subsequently, Praveen Kumar (brother of Santosh) along with others raided her house, brick batted, looted away her belongings. Also set a blaze
Patna High Court Cr.Misc. No.23061 of 2014 (4) dt.27-08-2014
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the heap of straw.
It has been submitted on behalf of petitioner that so-called informant, a girl aged about 12 years was made scapegoat to counter meet Narhat P.S. Case No.63 of 2014 which was instituted on 18.04.2014 and that happens to be reason behind that in the second line of written report which was filed on 19.04.2014, after cutting ‘today’ it was incorporated ‘yesterday’ and further in the third line there was some space left out which was subsequently filled as 18.04.2014 at about 05:00 A.M. It has also been submitted that written report was scribed by other having signature of informant, in different pen and writing. Now coming to the merit of the case it has been submitted that there happens to be omnibus allegation against the petitioner. It has also been submitted that petitioner happens to be under custody since 21.04.2014.
On the other hand, the learned Additional Public Prosecutor opposed the prayer and submitted that be that as it may, petitioner along with others assisted main accused Santosh Kumar who could not succeed during course of an attempt of rape.
Patna High Court Cr.Misc. No.23061 of 2014 (4) dt.27-08-2014
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Accordingly, petitioner Niranjan Kumar is directed to 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 Chief Judicial Magistrate, Nawada in connection with Narhat P.S. Case No.64 of 2014. (Aditya Kumar Trivedi, J.)
PN/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in the instant criminal matter.
1 provisions across 1 enactments
Niranjan Kumar
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
