Court granted regular bail to the petitioner in an NCR case of rape under Sections 376/34 IPC, conditioned on surrender within six weeks in the lower court.
Petitioner granted regular bail conditioned on surrender in Court of C.J.M. Banka within six 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.26094 of 2015
Arising Out of PS.Case No. -259 Year- 2015 Thana -AMARPUR District- BANKA ====================================================== 1. Rahamatulla @ Md. Rahmatulla @ Md. Rahmat S/o Hayatatulla Resident of village - Dumrama, Police Station - Amarpur, District - Banka .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 02-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under sections 376/34 of the Indian Penal Code. The prosecution case is that the petitioner ravished the informant on 8.8.2014.
It is submitted by learned counsel for the petitioner that for the occurrence of 8.8.2014 the FIR has been registered on 28.8.2014. Since the informant has been deserted by her husband hence the petitioner has been maliciously trapped and has been implicated in the present case since he disobeyed the decision of Panchayat to marry the informant.
In view of the delayed lodging of the case, let the
Patna High Court Cr.Misc. No.26094 of 2015 (2) dt.02-07-2015
2/2
learned court below consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Amarpur P.S. Case No. 259 of 2014 pending in the court of learned C.J.M., Banka.
This application is disposed of with the aforesaid observation/direction.
(Dinesh Kumar Singh, J)
Anil/U T
2 issues framed by the court
Whether to grant bail in a case under section 376 IPC with consideration of delayed FIR and remarriage allegations.
Whether to condition bail release on surrender within six weeks.
Rahamatulla @ Md. Rahmat S/o Hayatatulla
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
