The Patna High Court granted bail to the petitioner accused of raping a minor under IPC Sec. 376 and POCSO Sec. 4, noting lack of medical injury and conflicting evidence.
Enlargement of the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.46040 of 2017
Arising Out of PS.Case No. -18 Year- 2017 Thana -MAHILA PS District- AURANGABAD
====================================================== Sunny Kumar, Son of Lalan Bhagat, Resident of village – Chitragopi, P.S.Jamhore, District-Aurangabad (Bihar)
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Smt. Rita Verma, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Aurangabad Mahila P.S. Case No. 18 of 2017 registered under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.
As per the prosecution case, the petitioner is said to have been committing rape against the minor daughter of the informant invariably enticing her.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The victim in her statement recorded under Section 164 of the Code of Criminal Procedure has not supported the occurrence of rape by the petitioner against her rather she has stated that the petitioner used to do masturbating before her by opening her pant. The doctor has
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also not found any mark of violence on the person of the victim even on her private part. It is further submitted that as a matter of fact, the father of the petitioner has filed title suit against the mother of the informant and others for their eviction from the property in question which was decreed in favour of the plaintiffs and execution of the said decree has also been filed by the father of the petitioner against the mother of the informant. In order to mount pressure upon the father of the petitioner to get the matter compromised, the informant has filed this false and frivolous case against the petitioner. The petitioner has been languishing in custody since 15.05.2017.
Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Additional District Judge-I-cum-Special Judge, Aurangabad in connection with Aurangabad Mahila P.S. Case No. 18 of 2017
(Prakash Chandra Jaiswal, J)
Mishra/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail in a case alleging rape under IPC Section 376 and POCSO Section 4.
2 provisions across 2 enactments
Sunny Kumar
The State of Bihar
Prakasha Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
