In Criminal Miscellaneous No. 27594 of 2016, the Patna High Court granted bail to the petitioner in a case involving rape and attempt to rape under the IPC and POCSO Act. The court released him on a bond of Rs. 10,000 with two sureties despite the consent case.
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.27594 of 2016
Arising Out of PS.Case No. -1400 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Mani Prasad, son of Sikhchand Paswan, resident of Muhalla- Aalamganj, Police Station- Sasaram Town, district- Rohtas at Sasaram. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
2 11-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Sasaram Town P.S. Case No. 1400 of 2015, registered under Section 354A, 376 and 511 of the Indian Penal Code and Section 18 of the Protection of Children from Sexual Offences Act.
The accusation is of attempting to commit rape by this petitioner at the daughter of the informant in course of her returning on attending the call of nature.
Learned counsel for the petitioner submits that Nandu Paswan brother of the father of the petitioner has lodged Sasaram P.S. Case No. 666 of 2002 against Bishun Bind brother of the informant of the present case and due to that reason, the
Patna High Court Cr.Misc. No.27594 of 2016 (2) dt.11-07-2016
2/2
present case has been lodged only to give pressure upon the petitioner. Further submission is that petitioner having no criminal antecedent is in custody since 11.12.2015.
Having regard to the facts and the circumstances of the case, the petitioner, above named, 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 the 1st Addl. District and Sessions Judge, Rohtas at Sasaram in connection with Sasaram Town P.S. Case No. 1400 of 2015.
(Rajendra Kumar Mishra, J.)
manish/-
U T
2 issues framed by the court
Whether the petitioner is eligible for release on bail in a case involving offences under Section 354A, 376, and Section 511 of the IPC?
Whether the prior criminal case lodged by the brother of the petitioner serves as a valid ground for opposing bail simpliciter?
Mani Prasad
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
