The Patna High Court granted pre-arrest bail to the petitioner in CrPC Case No. 127/2015 (IPC Sections 376, 313, 504/34) if he surrenders within four weeks and furnishes a bond of Rs. 10,000 with two sureties.
Directed that petitioner be released on bail upon surrender within four weeks by furnishing bond of Rs. 10,000 with two sureties.
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.2047 of 2016
Arising Out of PS.Case No. -127 Year- 2015 Thana -SIMRI District- DARBHANGA ====================================================== Md. Sakil Son of Md. Sabirul, resident of village - Sadhwara, P.S. Simri, District - Darbhanga .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kamal, Advocate For the Opposite Party/s : Mr. T.N.Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
3 11-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Simri P. S. Case No. 127 of 2015 registered under Sections 376, 313 and 504/34 of the Indian Penal Code.
It is contended that it would be evident from the allegation made in the FIR itself that the informant, a major lady, was consenting party and just in order to blackmail the petitioner, the instant case has been instituted.
Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. He has submitted that the petitioner, being a close relative of the informant,
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established physical relationship on the pretext of marriage, but subsequently, denied to marry the informant.
Be that as it may, regard being had to the nature of allegation, in the event of arrest or surrender before the court below within four weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in Simri P. S. Case No. 127 of 2015 ( G. R. No. 3375 of 2015), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J.)
Kanchan/-
U T
1 issue framed by the court
Whether to grant pre-arrest bail to the petitioner in a criminal case alleging sexual offence.
1 provisions across 1 enactments
Md. Sakil
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
