Single-judge oral order granting anticipatory bail to a petitioner in a rape-related FIR, releasing him upon furnishing a bond with sureties subject to CrPC conditions.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the learned CJM.
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.24240 of 2016 (4) dt.11-07-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24240 of 2016
| Arising Out of PS.Case No. -108 Year- 2015 Thana -SIMRI District- DARBHANGA ====================================================== |
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|---|---|
| Belal Ansari @ Md. Belal, son of Mumtaz Ahmad Ansari, resident of Village- Barhuliya, P.S.- Simri, District- Darbhanga. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Md. Nazir Ansari, Advocate For the Opposite Party : Mr. Anuj Kumar Shrivastava, APP ====================================================== |
|
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER |
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| 4 | 11-07-2016 Heard learned counsel for the petitioner and learned counsel for the State. |
| The petitioner is apprehending his arrest in connection | |
| with Simri P.S. Case No. 108 of 2015 for the offences instituted | |
| under Sections 341, 376, 504 and 506/34 of the Indian Penal | |
| Code. | |
| As per prosecution case, it is alleged that on 31.07.2015 | |
| at about 9 P.M., in the night hour informant-victim had gone to perform her natural call, all of a sudden petitioner arrived and caught hold her hand and forcibly took her in field and committed |
|
| rape and on her cry villagers assembled there and seeing them | |
| petitioner fled away but Mumtaj Naddaf alias Bedi the | |
| apprehended petitioner. The villagers assured her to settle the |
Patna High Court Cr.Misc. No.24240 of 2016 (4) dt.11-07-2016
matter through Panchayat and on 02.08.2015, Panchayat was organized but petitioner and his family members refused to settle the matter and went away giving threatening with dire consequences and while she along with her grand father was going to police station, accused persons surrounded and threatened not to lodge the case and out of fear she returned home.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. The alleged date of occurrence is 31.07.2015 and the FIR was instituted on 20.08.2015. The delay has not been explained by the prosecution. There is no medical examination report to support the allegations made in the FIR. The present case has been instituted for the reason that the petitioner had refused to marry the victim. There is a contradiction between the allegations made in the FIR and Section 164 of the Cr.P.C. statement of the victim.
On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Simri P.S. Case No.
Patna High Court Cr.Misc. No.24240 of 2016 (4) dt.11-07-2016
108 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Darbhanga , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
B.Kr./U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in a rape case.
Whether the alleged delay in registering the FIR and lack of medical evidence warrant bail.
1 provisions across 1 enactments
Belal Ansari
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
