The Patna High Court granted bail to the petitioner charged with rape and other offences under IPC. The applicant was to execute a bail bond of Rs. 10,000 with two sureties to the ACJM, Motihari.
Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19146 of 2016
Arising Out of PS.Case No. -126 Year- 2012 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ashok Kumar, son of Late Ram Bahadur Rai, resident of Village - Puran Chhapra, P.S. - Chakia, District - East Champaran. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------
The petitioner seeks bail in connection with Chakia P.S. Case No.126 of 2012 registered under Sections 376, 511 and 324 of the Indian Penal Code.
The prosecution case is that on 28.04.2012 in the night, the informant and the minor daughter of her sister, namely, Manisha Kumari, was sleeping in the courtyard of her house. When the informant woke up, she found that the daughter of her sister was not present there. The informant made search for her but she could not be traced out. After some time, the informant heard the cry of the daughter of her sister coming from an orchard,
Patna High Court Cr.Misc. No.19146 of 2016 (3) dt.13-07-2016 2/2
then the informant went there and found the daughter of her sister weeping. On query made by the informant, the daughter of the sister of the informant disclosed her that the petitioner kissed her and also made attempt to commit rape on her.
Learned counsel appearing on behalf of the petitioner submits that the mother of the petitioner had lodged Chakia P.S. Case No.141 of 2007 under Sections 324, 354 and 379 of the Indian Penal Code against Mahendra Patel, a relative of the informant, and due to that reason, the informant has lodged this false case against the petitioner making the aforesaid allegation against him. The petitioner having no criminal antecedent is in custody 17.08.2015.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-IV, Motihari, East Champaran, in connection with Chakia P.S. Case No.126 of 2012.
(Rajendra Kumar Mishra, J)
P.S./-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving sexual assault charge.
1 provisions across 1 enactments
Ashok Kumar
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
