Sonu Kumar @ Suraj Kumar v. The State Of Bihar
Case brief
What is this about?
The Court rejected the petition for anticipatory bail in a rape case. Considering the serious nature of the allegation, the petition was dismissed despite the defense submission regarding forensic reports and claimed compromise.
What did the court decide?
Petition for anticipatory bail rejected.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25831 of 2018
Arising Out of PS.Case No. -19 Year- 2018 Thana -RANIGANJ District- ARRARIA
====================================================== 1. Sonu Kumar @ Suraj Kumar, Son of Shree Santosh Sah, Resident of Village- Jalalgarh, P.S.- Jalalgarh, District- Purnia.
- The State of Bihar.
.... .... Petitioner/s Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Sinha For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 03-05-2018 Heard both sides.
The petitioner apprehends his arrest in Raniganj P.S. case No. 19 of 2018 for the offences punishable under Section 376 and other minor Sections of the Indian Penal Code.
The prosecutrix alleged that petitioner forcibly took her inside his house and committed rape with her on the pretext of marrying with her.
The learned counsel for the petitioner submits that the victim was examined by the doctor and no sign of rape was found. The age of the victim was assessed to be 20 years. It is further submitted that father of the prosecutrix compromised the case and disclosed that on account of non payment of rent this false case has been lodged but it appears from perusal of the
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail given the nature of rape allegations and non-forensic findings.
Whether a compromise by the father and absence of forensic injuries warrants grant of anticipatory bail.
Parties & counsel
- petitioner
Sonu Kumar @ Suraj Kumar
- respondent
The State of Bihar
Coram
Prabhat Kumar Jha
Case details
As recorded by the court registry
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