In this bail application arising from a rape charge under Section 376 IPC, the Patna High Court granted bail to the petitioner, who allegedly committed the offence in 2018. The court directed the submission of a bond and sureties.
Enlargement of bail on furnishing Rs. 10,000 bond with two sureties of 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.38111 of 2018
Arising Out of PS. Case No.-48 Year-2018 Thana- HABIBPUR District- Bhagalpur
======================================================
MUKESH KUMAR DAS @ MUKESH DAS, Son of Ramdeo Das, Resident of Village- Nilkanth, P.S. Tilkamanjhi, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. Ganesh Prasad Singh ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 06-07-2018
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner is languishing in judicial custody since 05.03.2018 in connection with Habibpur P.S. Case No. 48 of 2018 for offences punishable under Sections 376 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that the petitioner entered her house and committed rape on her. He also took away Rs. 70,000/- from her.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and there was a land transaction for which the petitioner had given Rs. 70,000/- and just to usurp the said money such false allegation has been levelled. He submits that in fact he was assaulted by the
Patna High Court Cr.Misc. No.38111 of 2018(2) dt.06-07-2018 2/2
informant and her family members for which there is a medical report and that the victim lady was examined and there was no sign of rape. He further submits that a false and concocted case has been lodged against the petitioner, charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Additional Chief Judicial Magistrate- XII, Bhagalpur, in connection with Habibpur P.S. Case No. 48 of 2018.
(Nilu Agrawal, J)
Rajesh/Pragya
U T
1 issue framed by the court
Whether to grant bail to the petitioner facing charges under Section 376 IPC.
1 provisions across 1 enactments
Mukesh Kumar Das @ Mukesh Das
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
