The Patna High Court granted bail to the petitioner, who was accused of rape and dowry demand, on the ground that the marriage was solemnized and the matter had been compromised between the parties.
The petitioner Sunil Mian was directed to be released on bail on execution of a bond of Rs. 10,000/- with two sureties of the like amount 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.44864 of 2014 (2) dt.17-12-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44864 of 2014 Arising Out of PS.Case No. -76 Year- 2013 Thana -MAHILA P.S BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== 1. Sunil Mian son of Late Moharam Mian, resident of VillageBabuparsauni, P.S.- Bathwaria (Chautarwa), District- West Champaran .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. Durgesh Nandan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 17-12-2014 Heard learned counsel for the petitioner and learned counsel representing the State. Petitioner seeks bail in S. Tr. No. 262 of 2014 arising out of Bagaha Woman P.S. Case No. 76 of 2013 registered for the offences punishable under Sections 376/34 of the Indian Penal Code and Sections 3 / 4 of Dowry Prohibition Act. Allegedly, on the pretext of marriage, the petitioner continuously committed rape for about six months and thereafter to perform marriage dowry was demanded. Submission at the bar for release of the petitioner is that the petitioner has solemnized marriage and the matter has already been compromised between the parties, so the petitioner
Patna High Court Cr.Misc. No.44864 of 2014 (2) dt.17-12-2014
deserves sympathetic consideration as both have decided to live as husband and wife.
In the facts and circumstances stated above and considering the changed circumstances that the petitioner has arranged marriage with the victim, the petitioner Sunil Mian is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Bagaha, West Champaran in S. Tr. No. 262 of 2014 arising out of Bagaha Woman P.S. Case No. 76 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
2 issues framed by the court
Whether the petitioner deserves release on bail considering that the marriage has been solemnized and the matter has been compromised between the parties.
What conditions should be imposed on the bail bond to secure the petitioner's appearance during trial.
2 provisions across 2 enactments
Sunil Mian
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
