In an anticipatory bail application, the Patna High Court granted bail to the petitioner in a rape case, subject to furnishing a bond and sureties within a specified period.
Bail granted subject to furnishing a bond of Rs. 10,000 with two sureties and appearing within four weeks.
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.26051 of 2015 Arising out of PS.Case No. -35 Year- 2015 Thana -KATIHAR MUFFASIL District- KATIHAR ====================================================== Md. Ashfaque, son of Md. Amir, resident of village-Hajipur Nicha tola, Police station-Katihar Mufassil, District-Katihar. .... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Rajendra Prasad Sah, Advocate. For the Opposite Party : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 23-09-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is apprehending his arrest in connection with Katihar Mufassil P.S. Case No. 35 of 2015 for the offences instituted under Sections 376, 323 and 380/34 of the IPC. The prosecution story, in brief, is that the petitioner Md. Ashfaque raped upon the informant and on assurance to solemnize marriage continued to establish physical relation. Panchayati was convened but could not be materialized. It is further alleged that she gave birth to a male child. The petitioner assaulted and took Rs. 15,000/- and later on denied to marry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further submitted
Patna High Court Cr.Misc. No.26051 of 2015 (3) dt.23-09-2015
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that Annexure-2 series is the petition made by the informant before the Superintendent of Police, prior to institution of the present case, making a similar allegation against the petitioner. Annexure-3 is the report which was submitted in pursuance to Annexure-2 by the police where the said allegations were found to be false against the petitioner. Thereafter, the informant filed a complaint case and on the basis of which the present F.I.R. was instituted under Section 156(3) Cr. P.C.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today in connection with Katihar Mufassil P.S. Case No. 35/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner deserves bail in the case of rape alleging along with assault and bigamy.
1 provisions across 1 enactments
Md. Ashfaque
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
