Md. Lukman v. The State Of Bihar
Case brief
What is this about?
Patna High Court granted bail to a school teacher accused of outraging modesty and attempted rape of a student under IPC and POCSO. The Court relied on the complainant's statement which allegedly lacked indications of an attempt to rape, directing release on a bond of Rs. 10,000 with two sureties.
What did the court decide?
Release of the petitioner on bail on furnishing bonds of Rs. 10,000 with two sureties of the like amount to the Additional Sessions Judge Saharsa.
What the court decided
A compact analysis
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.
Patna High Court Cr.Misc. No.10844 of 2018 (2) dt.23-02-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10844 of 2018
Arising Out of PS.Case No. -241 Year- 2017 Thana -BIHRA District- SAHARSA
======================================================
Md. Lukman, son of Md. Salamat, resident of Village Patori Tola Sonbarsa, PS Bihra, District Saharsa
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Sri Uday Chand Prasad
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to bail in a POCSO/rape case where the allegations of attempt to rape are weak based on the complainant's statement.
Whether the concerns of the petitioner regarding custody for over a month warrant release on bail.
Parties & counsel
- petitioner
Md. Lukman
- respondent
The State of Bihar
Coram
Arun Kumar
Case details
As recorded by the court registry
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