The Patna High Court granted bail to the petitioner in a criminal case alleging rape and cheating under IPC. The court directed the petitioner to apply for bail within four weeks.
Petitioner granted interim relief to apply for bail within four weeks by furnishing a bail bond of Rs. 10,000 with two sureties.
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.22601 of 2015
Arising Out of PS.Case No. -133 Year- 2015 Thana -KATIHAR District- KATIHAR ====================================================== 1. Man Mohan Ojha Son of Shyam Sundar Ojha resident of mohalla - Officers Colony, P.S. - Sahayak, District - Katihar. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prem Sheela Pandey For the Opposite Party/s : Mr. Manish Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 4 28-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 376, 504/34 of the Indian Penal Code. It is alleged by the informant, Kajol Kumari, that on pretext of solemnizing the marriage the petitioner established physical relation with her and continued it. When the informant asked for marriage then the petitioner along with family members demanded Rs. 50,000/- but continued to have physical relation.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The informant and her parents were tenants in the house of the petitioner since 2008 to 2010. Thereafter they left the rented house. The father of the petitioner demanded for the due rent. Same was not liked by the
Patna High Court Cr.Misc. No.22601 of 2015 (4) dt.28-09-2015
2/2
informant parents and thereafter the parents of the informant got the present case instituted against the petitioner and his family members only with an intention to falsely implicate him and his parents. There is no substantive evidence to show that the petitioner was ever in physical relationship with the informant.
On behalf of the State, it has been submitted that on false assurance of solemnizing the marriage, the petitioner got physical relationship with the informant.
Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Katihar Town P.S.Case No. 133 of 2015, subject to the conditions as laid down u/s 438(2) Cr.P.C.
(Sudhir Singh, J)
singh/-
U T
2 issues framed by the court
Whether the petitioner is entitled to be granted bail in a case alleging rape and cheating under Sections 376, 504/34 IPC.
Whether the allegations of false implication justify release on bail against the State.
2 provisions across 2 enactments
Man Mohan Ojha
State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
