Allowed

Balmiki Pandit @ Balmiki Kumar and Anr. v. The State Of Bihar

Patna HC22 Dec 2014CR. MISC./29843/2014

Case brief

AI extract

What is this about?

The High Court at Patna granted bail to the petitioners in a criminal case involving attempt to outrage modesty. The court observed that the uncle-child relation made the alleged charged against one petitioner improbable and they had been in custody for over a year.

What did the court decide?

Directed the petitioners to be enlarged on bail on furnishing bonds of Rs. 10,000 with two sureties.

Balmiki Pandit @ Balmiki Kumar and Anr. Vs The… — Child Sexual Offences (POCSO) | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29843 of 2014

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Arising Out of PS.Case No. -194 Year- 2013 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ====================================================== 1. Balmiki Pandit @ Balmiki Kumar Son of Sri Ram Sharan Pandit 2. Upendra Kumar Son of Surendra Bind Both of them are Resident of Village-Ichhosh, P.S.-Islampur, DistrictNalanda.

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.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Ranjit Ranjan, Advocate For the Opposite Party/s : Mr. Ram Naresh Roy(APP)

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====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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3 22-12-2014 Heard both sides.

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The petitioners seek bail in Islampur P.S. Case No. 194 of 2013, registered for the offences punishable under Sections 376, 511, 34 of the Indian Penal Code.

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The victim alleged that both the petitioners made an attempt to outrage her modesty while she was sleeping in her house.

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Learned counsel for the petitioners submits that petitioner no. 1 is the uncle of the victim and petitioner no. 2 is the co-villager. Uncle cannot commit such offence with her own niece. Petitioners are in jail custody for more than a year.

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Learned APP did not dispute the facts.

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Having considered the nature of allegation made by

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Patna High Court Cr.Misc. No.29843 of 2014 (3) dt.22-12-2014

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the victim and the fact that the petitioners are in custody for more than a year, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P.S. Case No. 194 of 2013.

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(Prabhat Kumar Jha, J)

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P.K./-

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U T

Balmiki Pandit @ Balmiki Kumar and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Balmiki Pandit @ Balmiki Kumar and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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