The Patna High Court allowed the bail application of the petitioner charged with offences under Sections 376/511 IPC. The court granted bail upon furnishing a bond of Rs. 10,000 with two sureties.
Petitioner released on bail upon furnishing bonds 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5761 of 2014 ====================================================== Gopal Sao @ Gopal Sah @ Gopal Kumar Sah Son Of Narayan Sao Resident Of Village - Tarbnna,P.S.- Town (Ratanpur O.P.), District - Begusarai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 4 04-07-2014 Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in Begusarai Town P.S. Case No. 617 of 2013 instituted under Sections 376/511 of the Indian Penal Code.
Learned counsel for the petitioner has filed supplementary affidavit giving the background and details of the enmity between the families of the informant and the petitioner. It is submitted that though the allegation is that the petitioner had removed the undergarments of the girl with bad intention but due to her raising cry, he had run away; but the same is concocted and false. It is submitted that the house of the informant and the petitioner is separated by the house of one other person namely
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Napo Yadav between them. It is submitted that the allegation in the FIR that the girl was sleeping with her grand mother in the courtyard is falsified from the fact that there is no courtyard in the house which is having an area of only 880 sq. ft. and the family is large. It is thus, submitted that in fact all of them used to sleep together and at times due to lack of space some family members used to sleep outside on the road. It is submitted that the informant is a vegetable vendor and used to park his cart on the road, leading to altercation between the parties due to the road being blocked. Learned counsel submits that the petitioner is also 19 years old having no criminal antecedent and is in custody since 30.09.2013 and in fact, even as per the allegation, the petitioner is said to have only removed the undergarments of the girl. Learned counsel submits that there is no explanation as to why when the girl was sleeping with the grand mother, she did not prevent the petitioner from doing what has been alleged against him. Learned counsel submits that there is deep enmity between the family of the petitioner and Napo Yadav against whom the father of the petitioner had filed complaint case in 2010 and in retaliation of that Napo Yadav has also filed FIR in 2011 and both Napo Yadav and informant have very close ties.
Learned APP, upon going through the case diary and
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averments made in the affidavit as well as materials brought on record in the supplementary affidavit, does not dispute the aforesaid position.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Judicial Magistrate, 1st Class, Begusarai in Begusarai Town P.S. Case No. 617 of 2013.
(Ahsanuddin Amanullah, J)
Prakash/-
U
2 issues framed by the court
Whether the petitioner should be granted bail in a case alleging removal of undergarments under Sections 376/511 IPC.
Whether the alleged facts regarding enmity between families and lack of courtyard space affect bail application.
1 provisions across 1 enactments
Gopal Sao @ Gopal Sah @ Gopal Kumar Sah
The State Of Bihar
AHSANUDDIN AMANULLAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
