High Court granted bail to petitioner accused of attempting to commit rape. Directed release on ₹10,000 bond with two sureties, requiring attendance at all trial dates.
Petitioner released on bail with ₹10,000 bond and two sureties to Adhoc Additional Sessions Judge-II, Saharsa, attending all trial dates.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8929 of 2014
===================================================== Kishun Mehta, son of Late Vasudeo Mehta, resident of village-Kedali, P.S. Nauhatta, District-Saharsa. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 2 22-04-2014 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Sessions Trial No.01 of 2014, arising out of Nauhatta P.S. Case No.90 of 2013 registered under Sections 376 and 511 of the Indian Penal Code.
The accusation against the petitioner is to enter into the house of the informant, Mahendra Mukhiya, and to make attempt to commit rape upon his daughter-in-law. On alarm being raised, the petitioner started to flee away but was caught by the villagers in the dark night. In course of fleeing away, the petitioner sustained injury on his head due to dashing on a cemented pillar.
Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner was being abused by the prosecution party and on protest, he was assaulted by the
Patna High Court Cr.Misc. No.8929 of 2014 (2) dt.22-04-2014 2/2
prosecution party and sustained injury regarding which the wife of the petitioner has lodged a case bearing Nauhatta P.S. Case No.91 of 2013 registered under Sections 341, 323, 324, 354, 379, 504 and 506/34 of the Indian Penal Code. Only to save their skins, the prosecution party has lodged this false and the petitioner is in custody since 6.8.2013.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Adhoc Additional Sessions Judge-II, Saharsa, in connection with Sessions Trial No.01 of 2014, arising out of Nauhatta P.S. Case No.90 of 2013. Out of the two sureties, one must be close relative of the petitioner and further, the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.
(Rajendra Kumar Mishra, J)
P.S./-
1 issue framed by the court
Whether the petitioner is entitled to bail on furnishing security in a rape case involving attempt to commit rape.
1 provisions across 1 enactments
Kishun Mehta
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
