A single judge allowed a bail plea in an IPC 376 case, directing the petitioner's surrender within four weeks for release on bail with monetary sureties and conditions as per Section 438(2) CrPC.
Petitioner directed to surrender within four weeks for release on bail of Rs. 10,000 with two sureties of Rs. 10,000 each.
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.2894 of 2016
| Arising Out of PS.Case No. -270 Year- 2015 Thana -BRAHMPURA District- MUZAFFARPUR ====================================================== Md. Saddam Son of Md. Shamim Quraishi @ Md. Shamim, resident of Mohalla - Mehdi Hasan Chowk, Arabic College, Brahampura, P.S. Brahampura, District - Muzaffarpur |
|---|
| .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : |
| For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate For the Opposite Party/s : Mr. S.Dayal, APP ====================================================== |
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER |
counsel for the State.
The petitioner seeks pre-arrest bail in connection with Brahampura P. S. Case No. 270 of 2015 registered under Section 376 of the Indian Penal Code.
It has been contended by learned counsel for the petitioner that there is no truth behind the allegation made in the FIR. The independent witnesses whose statements were recorded in paragraphs 85,86 and 87 of the case-diary, have categorically stated that even prior to the present FIR, the victim had made similar allegation against several persons and later on, a compromise was arrived at between the parties. Referring to
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the statements of these witnesses, learned counsel for the petitioner has further contended that the entire allegation in the FIR has been made just in order to put pressure upon the petitioner to compel him to marry the daughter of the informant.
Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. He has contended that the petitioner established physical relationship with a minor girl aged about 17 years on the pretext of marriage.
Regard being had to the facts and circumstances of the case, 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, Muzaffarpur in Brahampura P. S. Case No. 270 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
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner in connection with an IPC Section 376 charge.
Whether the allegations against the petitioner are prima facie false and motivated to force a marriage.
3 provisions across 2 enactments
Md. Saddam
State of Bihar
ASHWANI KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
