The Patna High Court granted bail to the petitioner in a rape case instituted under the IPC, subject to furnishing bond and sureties, after noting lack of eyewitnesses and medical report against the petitioner.
Petitioner released on bail upon furnishing bail bonds of Rs. 10,000 with two sureties of like amount good behavior undertaking.
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.39357 of 2014
Arising Out of PS.Case No. -26 Year- 2014 Thana -MAHILA P.S District- SUPAUL
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Shyam Sharma son of late Upendra Sharma resident of Vill. Bijalpur, P.S. Supaul, Distt. Supaul
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s :
For the Opposite Party/s :
======================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
The petitioner seeks bail in Supaul (Mahila) P.S. Case No. 26 of 2014 dated 01.04.2014 instituted under Sections 376/506/379/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that there is allegation of rape against the petitioner but there is no eye witness to the same and witnesses have only stated that there was good relationship between the parties and the petitioner had entered the house of the victim after a feast. It is further submitted
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that the medical board has found no sign of fighting or rape and also no live spermatozoa. Learned counsel submits that because the petitioner had entered the house of the informant, a ‘panchayati’ was held the next day. It is further submitted that out of three persons named in the complaint filed by the prosecutrix one is the husband whereas the other two had not been examined by the police. It is submitted that the petitioner having clean antecedent is in custody since 07.06.2014. It is further submitted that despite there being allegation of commission of offence at gun point but none of the witnesses have seen the petitioner taking any weapon inside the house.
Learned A.P.P., upon going through the case diary, opposes the prayer for bail.
Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Judicial Magistrate, Supaul in Supaul (Mahila) P.S. Case No. 26 of 2014. One of the bailors shall be the mother of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall
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not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.
(Ahsanuddin Amanullah, J)
Anjani/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in the rape case despite the allegations.
1 provisions across 1 enactments
Shyam Sharma
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
