The High Court at Patna granted bail to the petitioner in a rape and POCSO case, directing him to surrender within four weeks and furnish sureties, subject to CrPC Section 438(2) conditions.
Bail granted upon surrender within four weeks with bond of Rs.10,000 and two sureties.
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.30125 of 2017
Arising Out of PS.Case No. -45 Year- 2016 Thana -MAHILA P.S. District- NAWADA
====================================================== Md. Shahnawaj @ Rahul, Son of Fahim Mian, Resident of Village- Tungi, P.S.- Hisua, District- Nawada.
.... .... Petitioner/s
Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Arun For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 06-07-2017 Heard learned counsels for the petitioner and the
State.
The petitioner apprehends his arrest in connection with Nawada Mahila P. S. Case No. 45 of 2016 instituted under Sections 323, 341, 354A, 376 and 504/34 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012.
The allegation, in brief, is that petitioner used to comment in filthy language while prosecutrix used to go to school and specific allegation is that four moths back, she was forcibly taken away by the petitioner in a house and committed rape, thereafter she informed her parents and a Panchayat was held, thereafter this case was lodged.
Learned counsel for the petitioner submits that due to
Patna High Court Cr.Misc. No.30125 of 2017 (2) dt.06-07-2017
2/2
business rivalry in between the petitioner and the father of the prosecutrix, this false case was lodged after three months of the false allegation of rape and the FIR does not speak of any witness seeing that girl being taking away by this petitioner and as per medical report, prosecutrix is 16 years of age and no any evidence of rape was found by the Medical Board and the petitioner has no criminal antecedent.
Having considered the aforesaid facts and
circumstances, let the petitioner, namely, Md. Shahnawaj @ Rahul in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge (POCSO), Nawada in connection with Nawada Mahila P.S.Case No. 45 of 2016; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(Arun Kumar, J)
Sujit/-
U
1 issue framed by the court
Whether the petitioner is eligible to be released on anticipatory bail in a rape and POCSO case given the medical report findings.
1 provisions across 1 enactments
Md. Shahnawaj @ Rahul
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
