The Patna High Court granted bail to two petitioners accused of sexual assault under the IPC and POCSO Act against incentives and age assessment during the bail plea hearing considering the case circumstances.
Petitioners ordered to be released on bail on furnishing bond of Rs.10,000 each with two sureties of like amount.
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.
Patna High Court Cr.Misc. No.39498 of 2014 (3) dt.14-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39498 of 2014
Arising Out of PS.Case No. -57 Year- 2014 Thana -DURAULI District- SIWAN ====================================================== RAHMAT ANSARI, SON OF HASIM ANSARI @ HASIM MIAN, RESIDENT OF VILLAGE - PATAUA, P.S. - DARAULI, DISTRICTSIWAN. .... .... PETITIONER. VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY. ====================================================== with Criminal Miscellaneous No.45024 of 2014
Arising Out of PS.Case No. -57 Year- 2014 Thana -DURAULI District- SIWAN ====================================================== MERAJ ANSARI, SON OF LATE PEER MOHAMMAD, RESIDENT OF VILLAGE- PATAUWA, P.S. DARAULI, DISTRICT- SIWAN.
.... .... PETITIONER. VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY. ====================================================== Appearance : (In Cr.Misc. No.39498 of 2014) For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta (APP) (In Cr.Misc. No.45024 of 2014) For the Petitioner/s : Mr. Javed Aslam, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
Both applications are related to Darauli P.S. Case No. 57 of 2014 registered under Sections 341, 376 and 504/34 of the Indian Penal Code and Section 6 of the P.O.C.S.O. Act, hence
Patna High Court Cr.Misc. No.39498 of 2014 (3) dt.14-01-2015
both applications are heard together and are being disposed of by common order.
The allegation of informant, Farida Khatoon, aged about 15 years, is that her parents had gone to attend the marriage ceremony in relation. On 21.04.2014, in the evening, she had gone to collect the cloths from her Bathan situated near the canal. In the meantime, petitioners caught hold and committed rape at her forcibly. On next date, i.e., 22.05.2014 her father returned back then she narrated the incident and on quarry by her parents about the occurrence, the petitioners abused them and threatened to cause assault.
Learned counsel for the petitioners submits that father of the complainant and the petitioners are the agnates and due to land dispute both petitioners have falsely been implicated in this case. It is further submitted that the victim was examined by the doctor on 23.05.2014 but no sign of rape was found and her age was also assessed in between 19 to 20 years. Except parents of the informant, none have supported the case of prosecution, which would appear from paragraphs 18, 19, 20, 21, 26 and 27 of the case diary, in which, they have stated about only causing assault by the petitioners to the informant. It is further submitted that petitioners have no criminal antecedent and are in custody since
Patna High Court Cr.Misc. No.39498 of 2014 (3) dt.14-01-2015
24.05.2014.
Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Darauli P.S. Case No. 57 of 2014.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether petitioners charged with rape and POCSO offences should be granted bail.
2 provisions across 2 enactments
Rahmat Ansari
Meraj Ansari
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
