High Court granted bail to the accused in a rape case, allowing his release upon furnishing a bail bond and two sureties, considering the informant's subsequent claim of false accusation due to money dispute.
Petitioner released on bail on furnishing a bond of Rs. 10,000/ with two sureties of the like amount each to the Sessions Judge, Purnea.
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.36561 of 2017
Arising Out of PS.Case No. -401 Year- 2016 Thana -PURNEA SADAR District- PURNIA
====================================================== Md. Jamal, son of Abdus Samad @ Mohammad Samad Ali @ Abdul Samad, resident of village-Paika Gola Kamalpur, P.S. Sadar Muffasil, District-Purnea.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Fahad Khurshid, Adv. For the Opposite Party/s : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
2 02-08-2017
The petitioner seeks bail in connection with Sadar Muffasil P.S. Case No. 401 of 2016, corresponding to S.T. No. 40 of 2017, registered under Section 376 of the Indian Penal Code.
Learned counsel for the petitioner submits that the prayer for bail of the petitioner was refused on 02.02.2017 vide Criminal Miscellaneous No. 1899 of 2017 taking into consideration that petitioner committed rape upon the informant. Further submission is that after commitment of the case, the informant is examined as P.W.2, but she has not supported the case of the prosecution regarding committing of rape upon her
Patna High Court Cr.Misc. No.36561 of 2017 (2) dt.02-08-2017
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and she simply stated that she filed this case due to non-returning of money by the petitioner.
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) two sureties of the like amount each to the satisfaction of the Sessions Judge, Purnea in connection with Sadar Muffasil P.S. Case No. 401 of 2016, corresponding to S.T. No. 40 of 2017.
(Rajendra Kumar Mishra, J)
manish/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a rape case where the informant alleges the charge was false due to non-return of money.
1 provisions across 1 enactments
Md. Jamal
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
