Allowed

Mukesh Kumar v. The State Of Bihar

Patna HC9 Jun 2015CR. MISC./16138/2015

Case brief

AI extract

What is this about?

In a bail application under CrPC bail provisions for an offence under Section 376 IPC, the Patna High Court granted bail. The court relied on the absence of positive findings of rape in the medical report regarding the alleged incident. Bail bonds of Rs.10,000 with two sureties were required.

What did the court decide?

Released on bail by furnishing bonds of Rs.10,000 with two sureties of like amount to the SDJM, Danapur.

Mukesh Kumar Vs The State Of Bihar — Bail and Remand | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16138 of 2015

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Arising Out of PS.Case No. -62 Year- 2014 Thana -KHAGAUL District- PATNA ====================================================== Mukesh Kumar S/o Sh. Vishwanath Singh Resident of Village Kothwa, Police Station Khagaul, District Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Kalyan Shankar, Mr. Bindhyachal Rai, Advocates For the Opposite Party: Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 2 09-06-2015 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner seeks bail in connection with Khagaul P.S. Case No.62 of 2014 for the offence instituted under Section 376 of the Indian Penal Code.

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The prosecution story, in brief, is that on 23.03.2014 at about 7.30 P.M. the informant, namely, Rubi Kumari,, went to fetch water from the hand-pump and at the same time, one Mukesh Kumar came there, caught her hand and took her towards an under-constructed house and committed rape upon her. When she protested, the petitioner threatened her and after committing rape, he fled away.

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It has been submitted on behalf of the petitioner that the alleged occurrence is said to have taken place on 23.03.2014

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Patna High Court Cr.Misc. No.16138 of 2015 (2) dt.09-06-2015

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where the allegation of committing rape upon the victim was made against the petitioner. The victim was examined on the very next day i.e. on 24.03.2014 which is evident from the medical report dated 23.05.2014 i.e. Annexure-2 to the present application. From perusal of the said medical report it appears that no positive finding was made by the doctor in respect of commission of rape. Further it has been submitted that the petitioner has got no criminal antecedent and he is in custody since 15.12.2014.

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On behalf of the State it has been submitted that there is direct allegation against the petitioner.

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Considering the aforesaid fact that the medical report does not support of the prosecution case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Danapur in connection with Khagaul P.S. Case no. 62 of 2014.

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(Sudhir Singh, J)

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B.T/U T

Mukesh Kumar v. The State Of Bihar

Case brief

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Mukesh Kumar v. The State Of Bihar

Case brief

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