This is an oral bail order in a prosecution for attempt to commit rape (Sections 376 and 511 IPC). The High Court granted bail despite evidence against the petitioner, noting his custody had been sufficient.
Petitioner enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount 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.54945 of 2016
Arising Out of PS.Case No. -1818 Year- 2013 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Sri Nand Kishore Pd, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The application is for grant of bail for the offence under Sections 376 and 511 of the Indian Penal Code.
Allegation against the petitioner is of attempt to commit rape on the informant.
It has been submitted on behalf of the petitioner that the falsity of the case will appear from the fact that the Police after investigation submitted final form as the case is not true. However, on protest petition cognizance has been taken against this petitioner for offence under Sections 376 and 511 of the Indian Penal Code.
Patna High Court Cr.Misc. No.54945 of 2016 (2) dt.22-12-2016
2/2
Heard learned A.P.P. also, he has submitted that during the enquiry, evidence has come against the petitioner.
Having heard both sides and in view of the fact that the petitioner is in custody for sufficient period and on protest petition cognizance has been taken, let petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Protest Complaint Case No. 1818 of 2013.
(Vinod Kumar Sinha, J)
Vats/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail in a case of attempt to commit rape.
1 provisions across 1 enactments
Ajay Raut @ Doctor Saheb
The State of Bihar
Sarita Devi
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
