In an oral order, the Patna High Court granted bail to the petitioner, who was in jail custody, in a rape case where the FIR was filed months after the alleged incident.
Released on bail on furnishing 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13842 of 2015
Arising Out of PS.Case No. -43 Year- 2014 Thana -AMAUR District- PURNIA ====================================================== 1. Md. Ziauddin @ Md. Ziyauddin Son of Late Kurban Resident of village - Ramani Kala, P.S. Amour, District - Purnia .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bishwanath Prasad Singh For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 22-05-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. According to prosecution case itself, the informant was allegedly raped on 15-02-2013 but admittedly, the present case was filed on 02-01-2014 and on the same day, mother of the petitioner also filed Criminal case against the informant of the present case and others.
The informant was medically examined by Medical Board on 19-04-2014 and she was found aged about 18-19 years. Considering the facts and circumstances of the case as well as submission of the parties and also taking note of this fact that the petitioner is in jail custody since 21-01-2015, let the petitioner named above, be released on bail on furnishing bail
Patna High Court Cr.Misc. No.13842 of 2015 (2) dt.22-05-2015
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bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Special Case No. 05 of 2015 arising out of Amour P.S. Case No. 43 of 2014 to the satisfaction of Learned Ist Additional Sessions Judge-cum-Special Judge, Purnea. (Hemant Kumar Srivastava, J) A.K.V./U T
1 issue framed by the court
Whether the petitioner should be released on bail in the present circumstances.
Md. Ziauddin @ Md. Ziyauddin
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
