In a bail application in a rape case, the High Court granted bail to the petitioner. It noted discrepancies in the FIR and medical report indicating no recent injury, alongside the victim's history of sexual habits.
Release on bail by furnishing bonds of Rs. 10,000 with two sureties of 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.19026 of 2015
Arising Out of PS.Case No. -316 Year- 2013 Thana -PHULPARAS District- MADHUBANI ====================================================== 1. Ram Nath Sadai Son of Chhutharu Sadai Resident of Village- Sijauliya, P.S.- Phulparas, District- Madhubani. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Uma Nath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 22-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 18.12.2013 in a case registered for the offences punishable under Sections 366A and 376 of the Indian Penal Code.
The informant very clearly stated in her ferdbeyan that on 13.12.2013 she was forcibly taken away by the petitioner on a tempo and after that the petitioner committed rape on her but on the very next date i.e. on 14.12.2013, his father came and took her along with him but the ferdbeyan of the victim was recorded on 17.12.2013. Almost similar thing has been stated by the victim in her statement recorded under Section 164 of the Cr.P.C. The victim was medically examined but the doctor did not find any
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sign of recent rape though victim was found 16 years of age but habituated to sexual intercourse.
The trial court has reported that out of seven proposed prosecution witnesses, two prosecution witnesses have already been examined.
Learned counsel for the petitioner points out that the informant has already been examined in course of trial.
Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Madhubani in connection with Sessions Trial No. 118 of 2014 arising out of Phulparas P.S. Case No. 316 of 2013.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail considering the medical evidence and the credibility of the prosecution witness.
Whether the long period of detention warrants release on bail in a case involving offences under Sections 366A and 376 IPC.
Ram Nath Sadai
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
