In a criminal miscellaneous petition, the Patna High Court granted bail to the petitioner, an accused in a sexual offence case where he alleged false implication of his son, directing him to furnish a bond and sureties.
Petitioner to be released on bail on furnishing a 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.20790 of 2016
Arising Out of PS.Case No. -41 Year- 2016 Thana -TEGHRA District- BEGUSARAI ====================================================== 1. Md. Rahman S/o Md. Moium Resident of Village Barauni Flag P.S.Teghra, District Begusarai. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 19-05-2016 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under Sections 376, 341, 323 and 504 of the Indian Penal Code.
Accusation is that the informant being the relative was living in the house of the petitioner and in that course Md. Yusuf son of the petitioner developed physical relation with the informant on an assurance to perform the marriage but later on Md. Yusuf and his father (petitioner) refused to perform the marriage.
The submission is that the main allegation of developing physical relation with the informant is against Md. Yusuf, son of the petitioner, and due to that reason the petitioner being the father of Md Yusuf, has falsely been implicated in the present case. The petitioner is in custody since 11.02.2016.
Patna High Court Cr.Misc. No.20790 of 2016 (2) dt.19-05-2016
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Having considered the facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection Teghra P.S.Case No. 41 of 2016.
(Rajendra Kumar Mishra, J)
singh/U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a case pertaining to sections 376, 341, 323 and 504 of the Indian Penal Code.
Md. Rahman
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
