The petitioner sought bail in a case concerning kidnapping and rape. The High Court observed that the victim did not resist or raise an alarm, suggesting consent, and granted bail.
The petitioner is directed to be enlarged on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5955 of 2015
Arising Out of PS.Case No. -208 Year- 2013 Thana -NATHNAGAR District- BHAGALPUR ====================================================== 1. Md. Zubair S/O Md. Samsuddin R/O Mohalla-Sahajangi, P.SHabibpur,Distt- Bhagalpur. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Pradip Nr.Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 4 17-03-2015 Heard both sides. The petitioner seeks bail in Nathnagar (Madhusudanpur) P.S. Case No. 208 of 2013, registered for the offences punishable under Section 366(A) and other Sections of the Indian Penal Code.
The father of the victim alleged that the petitioner kidnapped his daughter. The victim made her statement under Section 164 of the Cr.P.C. and she disclosed her age to be 18 years. She further disclosed that on threat of life the petitioner took her to Muzaffarpur and confined her in a room. The petitioner committed rape with her.
Learned counsel for the petitioner submits that the victim is a major girl and she appears to be a consenting party.
Patna High Court Cr.Misc. No.5955 of 2015 (4) dt.17-03-2015
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It appears that the victim went from Bhagalpur to Muzaffarpur in a train but she did not raise any alarm nor protested and this fact itself shows that the victim was a consenting party. The petitioner is in jail since 24.09.2014.
Considering the facts aforesaid the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial
Magistrate, Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. Case No. 208 of 2013.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a kidnapping and rape case where the victim, a major girl, allegedly consented.
Md. Zubair
The State of Bihar
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
