This bail petition granted the petitioner release on a bond of Rs. 10,000 with two sureties in a case concerning rape and sexual assault under various sections of the IPC.
Petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44216 of 2018
Arising Out of PS. Case No.-35 Year-2018 Thana- PAUTHU District- Aurangabad
======================================================
Ravi Kumar, S/o Late Raj Kishore Sharma, R/o Village- Beri, P.S.- Pauthu, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
3 30-07-2018
Heard learned counsel for the petitioner and learned
counsel for the State.
Learned counsel for the petitioner prays for and is permitted to correct the name of designated court where the matter is pending i.e. 1st Additional Sessions Judge cum Special Judge (POCSO), Aurangabad in place of C.J.M. Aurangabad, during the course of the day.
The petitioner seeks bail in Pauthu P.S. Case No. 35 of 2018 (G.R. No. 28/18) registered for the offence punishable under Sections 376, 511, 354(A), 354(B) and 506 of the Indian Penal Code.
Informant a minor girl in her fardbeyan has stated that on 10.05.2018 at about 11:00 am she had gone to attend the call of nature in the nearby field adjacent to the boundary wall of the
Patna High Court Cr.Misc. No.44216 of 2018(3) dt.30-07-2018 2/3
Upgraded Middle School then the petitioner scaled the boundary wall and caught her hand and tried to commit rape on her and also outraged her modesty. When she returned to her home, she disclosed everything to her family members and thereafter her fardbeyan was recorded in the police station in presence of her family members.
It has been submitted on behalf of the petitioner that the petitioner is innocent and has been falsely implicated in this case on account of minor dispute between the family of the petitioner and informant. Petitioner is aged about 20 years and has got no criminal antecedent and is in custody since 11.05.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge (POCSO), Aurangabad , in connection with Pauthu P.S. Case No. 35 of 2018 (G.R. No. 28/18) subject to the following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall
Patna High Court Cr.Misc. No.44216 of 2018(3) dt.30-07-2018 3/3
be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
ranjan/-
U
1 issue framed by the court
Whether the petitioner is entitled to bail in rash cases of rape and sexual assault.
1 provisions across 1 enactments
Ravi Kumar
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
