Allowed

Kunal Kumar v. The State Of Bihar

Patna HC22 Dec 2014CR. MISC./29471/2014

Case brief

AI extract

What is this about?

Hon'ble Justice Prabhat Kumar Jha allowed bail to the petitioner in P.S. Case No. 159 of 2014 registered for alleged offences punishable under Section 376 IPC. Despite prosecution charges under Sections 354A and 354B IPC, the court ordered enlargement on bail after considering the tenure in custody and medical findings.

What did the court decide?

Petitioner enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda.

Kunal Kumar Vs The State Of Bihar — Narcotics (NDPS) | Patna HC (2014)

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Patna High Court Cr.Misc. No.29471 of 2014 (4) dt.22-12-2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29471 of 2014

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Arising Out of PS.Case No. -159 Year- 2014 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================
Kunal Kumar son of Nago Mahto resident of Mohalla/Village - Amber, Siristal, P.S. Bihar, District Nalanda. .... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Md. Khurshid Alam For the Opposite Party/s : Mr. Rajiv Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
4 22-12-2014 Heard both sides.
The petitioner seeks bail in Bihar P.S. Case No. 159
of 2014 registered for the offences punishable under Section 376
of the Indian Penal Code.

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Urmila Devi alleged that her daughter aged seven years was outraged by petitioner Kunal Kumar, the son of her landlord. The learned counsel for the petitioner submits that the occurrence is alleged to have taken place on 25.03.2014 but the First Information Report was lodged on 30.03.2014. The Doctor did not find any sign of sexual intercourse with the victim. No injury was also found on the person of the victim. The police after investigation submitted chargesheet under Sections 354A and 354B of the Indian Penal Code and allegation of committing rape is found to be false. It is submitted that the informant is the tenant

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Patna High Court Cr.Misc. No.29471 of 2014 (4) dt.22-12-2014

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of the father of the petitioner and when the father of the petitioner asked the informant to leave the house she lodged false and frivolous case. The petitioner is in jail since 31.03.2014.

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The Learned Additional Public Prosecutor opposed the prayer of the bail and submitted that the victim also supports the allegation of making an attempt to commit rape with her.

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It appears that the allegation is an attempt to commit rape and for that the petitioner has already remained in jail for about nine months, the petitioner Kunal Kumar is directed to be enlarged 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 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P. S. Case No. 159/2014.

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(Prabhat Kumar Jha, J.)

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Vats/-

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U T

Kunal Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Kunal Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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