In this criminal miscellaneous application, the Patna High Court considered a bail plea in a case involving sexual offence allegations. The court examined the victim's statement and medical report regarding her age and habits before granting bail.
Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties of like amount.
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.46013 of 2014 (2) dt.02-12-2014
| IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46013 of 2014 |
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| Arising Out of PS.Case No. -28 Year- 2014 Thana -PARWALPUR District- NALANDA (BIHARSHARIFF) ====================================================== |
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| Ranjeet Thakur .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== |
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CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER |
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| 2 | 02-12-2014 Heard learned counsel for the petitioner. None appears |
| for the State. | |
| The case initially was registered under Section366A/34 | |
| IPC on suspicion that it could be the person whose cellular phone | |
| no.9162176576 was found scribed on the writing material | |
| belonging to the victim. It was this petitioner who was found | |
| subsequently to have taken or enticed away the lady. |
Submission was that on perusal of the statement of the lady recorded under Section 164 Cr.P.C. as also the medical report a copy of which is also annexed to the present petition, it appears a case of voluntarily going in the company of either the petitioner or any one else for any particular reason and not for the reason as was alleged by the prosecution. Submission was that the lady had set up a very peculiar story by stating that she was picked up and
Patna High Court Cr.Misc. No.46013 of 2014 (2) dt.02-12-2014
put on a two wheeler to be taken to Rajgir where she was raped after being confined in a house and thereafter she was abandoned on the highway so as to be found by an old lady who took her to her house to comfort her.
Attention of the Court has been drawn to the findings recorded by the Board of Doctors as regard her age. The lady was aged in between 18-19 years and her torn hymen was suggestive of the fact that she was habituated to sexual inter-course.
Regard being had to the facts and the submissions, let the above named petitioner 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 Ist Additional Sessions Judge, Hilsa, Nalanda in Sessions Trial No.504 of 2014 arising out of Parwalpur P.S.Case No.28 of 2014.
(Dharnidhar Jha, J)
B.Kr./-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail considering the medical findings regarding the victim's age and habits.
Whether the prosecution version stands challenged based on the victim's statement and medical report.
2 provisions across 2 enactments
Ranjeet Thakur
The State of Bihar
Dharnidhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
