Single judge granted bail to a retired teacher accused of rape and child sexual offences, directing a bail bond and conditions regarding court attendance.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties, contingent upon appearing on all dates absent reasonable excuse.
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.4083 of 2018
Arising Out of PS.Case No. -53 Year- 2017 Thana -MAHILA PS District- KHAGARIA
====================================================== Suresh Prasad Chaurasiya @ Suresh Prasad, S/o Bhumi Prasad @ Bhumi Prasad Chaurasiya, R/o Village- Bhutauli Malpa, P.S.- Chautham, DistrictKhagaria.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv. For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 01-02-2018 Heard learned Senior Counsel for the petitioner and
the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Khagaria Mahila P.S. Case No. 53 of 2017, registered under Sections 376, 511 and 506 of the Indian Penal Code and Section 18 of the POCSO Act.
Learned Senior Counsel appearing for the petitioner submits that the petitioner is a retired school teacher, 63 years of age, and a title suit is also going on in between the informant and the father-in-law of the petitioner’s son and the petitioner is in custody since 07.11.2017.
Having considered the said facts and circumstances, the petitioner, above named, is directed to be released on bail on
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furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Khagaria, in connection with Khagaria Mahila P.S. Case No. 53 of 2017.
This is subject to the condition that the petitioner, above named, shall be present before the court below on each and every date and in the event of failure on his part to appear before the court below on two consecutive dates, without giving any reasonable explanation, his bail bond shall be liable to be cancelled.
(Arun Kumar, J)
Praveen-II/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving rape and child sexual offences.
2 provisions across 2 enactments
Suresh Prasad Chaurasiya
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
