Single judge order granting bail to a petitioner in a criminal case, releasing him on bond after noting victim's statement and asserted willingness.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties of the like amount to the satisfaction of Sri Subhash Chandra, J.M.
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.46292 of 2014
Arising Out of PS.Case No. -48 Year- 2014 Thana -NAYAGAON District- BEGUSARAI ====================================================== 1. Sudhir Kumar Singh @ Sudhir Singh @ Sudhir Kumar Son of Ram Babu Singh Resident of Village - Rahatpur, Polcie Statio - Balia in the district of Begusarai .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Anuj Kumar Srivastava(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 2 03-12-2014 Heard. Allegation against the petitioner is that he drove the vehicle in which the victim was put in for being taken to different places and lastly to Delhi as appears from her statement recorded under section 164 Cr.P.C. Attention of the Court has been drawn by the learned senior counsel appearing on behalf of the petitioner to the fact that she had remained in Delhi for about 2-1/2 months. There was no coercion or threat to her. She appears moving freely and voluntarily residing in the house of the maternal uncle of accused Roshan from where she was moving to the office of the Registrar of Marriages for registering her marriage with Roshan Kumar @ Bharat Bhushan.
Submission was that the victim had herself stated her
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age as 18 years and she was above that age and the circumstances appearing from her statement indicated as if she had been a willing and consenting party to the all aspects of the offence alleged.
Regard being had to the circumstances pointed above, 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 Sri Subhash Chandra, J.M.
Ist Class, Begusrai in Nayagaon P.S. Case No. 48 of 2014.
(Dharnidhar Jha, J)
Abhay/-
U T
2 issues framed by the court
Whether the petitioner ought to be released on bail considering the circumstances including the victim's statements.
Whether the victim was coerced or was a willing and consenting party to the alleged offence.
1 provisions across 1 enactments
Sudhir Kumar Singh @ Sudhir Singh @ Sudhir Kumar
The State of Bihar
DHARNIDHAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
