In this bail application, the High Court at Patna directed the release of the petitioner, Kalimuddin, who was accused of offences under Sections 341, 342, 376, 506, and 509 of the IPC, upon furnishing a bail bond and sureties.
Bail granted 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.27950 of 2016
Arising Out of PS.Case No. -63 Year- 2015 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Kalimuddin, son of Late Alimuddin, Resident of Village- Kathalbari, P.S. Thakurganj, District- Kishanganj. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 14-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is accused in connection with Kishanganj Mahila P.S. Case No. 63 of 2015, registered under Sections 341, 342, 376, 506 and 509 of the Indian Penal Code.
The allegation of informant, namely, Husaida Begum is that her marriage was performed with this petitioner before eight years and one male child was borne out of the wedlock. Later on, due to the differences, she took divorce and started to live in her Mayka along with her son. The petitioner used to visit the informant in her Mayka and established physical relation with her. When informant protested, then petitioner assured her to re-marriage with her. Thereafter, informant becomes pregnant and petitioner flatly refused to marry with her.
Patna High Court Cr.Misc. No.27950 of 2016 (2) dt.14-07-2016
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Learned counsel for the petitioner submits that admittedly the marriage of the petitioner was performed with the informant, but later in the year 2014, divorce took place in between the parties and thereafter informant used to reside in her Mayaka, but due to ulterior motive the present case has been lodged with false allegation of committing rape upon the informant. The petitioner having no criminal antecedent is in custody since 06.12.2015.
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 Sessions Judge, Kishanganj in connection with Kishanganj Mahila P.S. Case No. 63 of 2015.
(Rajendra Kumar Mishra, J.)
manish/U T
1 issue framed by the court
Whether the petitioner accused in rape and related offences under the Indian Penal Code should be granted bail.
Kalimuddin
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
