single judge allowed bail to two petitioners accused of rape and attempted murder, ordering release subject to a bond and conditions regarding appearance and surety.
Petitioners released on bail bond of Rs. 10,000 each with two sureties of like amount, subject to conditions.
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.4682 of 2016
Arising Out of PS.Case No. -202 Year- 2015 Thana -SIRDALA District- NAWADA ====================================================== 1. Kapil Manjhi s/o Banshi Manjhi 2. Shankar Manjhi S/o Late Jethu Manjhi Both Resident of villageGolabnagar, P.S.- Sirdalla, District- Nawada .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
3 30-03-2016 Heard the learned counsel for the petitioners and the learned A.P.P. representing the State. The petitioners seek bail in connection with Sirdalla P.S. Case No. 202 of 2015 registered for the offences punishable under Sections 376, 511, 341, 325, 307 and 504/34 of the Indian Penal Code.
Allegedly, the petitioners after dragging the informant beneath the bridge tried to commit rape with her but due to alarm being raised Dwarika Prasad came for rescue then co-accused Upendra Manjhi and Dashrath Manjhi also came and assaulted Dwarika Prasad causing injury on his head.
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Submission is of false implication and that due to enmity going on since Bihar Assembly Election the informant managed the police station and implicated the petitioners in false case, the date of occurrence is 13.10.2015 and the case was instituted on 14.10.2015 without any explanation, the petitioners are suffering in custody since 03.11.2015, no offence under Section 376/511 is made out, the injury found on the person of Dwarika Prasad is simple in nature caused by hard and blunt substance, and as such, the petitioners deserve sympathetic consideration, to which the learned APP opposes.
In the facts and circumstances stated above, considering the detention of the petitioners, now, they are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, V, Nawada in connection with Sirdalla P.S. Case No. 202 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the
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petitioners from privilege of bail.
(Jitendra Mohan Sharma, J)
ajaypd./-
U T
2 issues framed by the court
Whether the petitioners in false implication case are deserving of bail.
Whether the injuries on the informant are sufficient to sustain a rape charge.
1 provisions across 1 enactments
Kapil Manjhi
Shankar Manjhi
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
