Petitioner sought bail in a rape matter alleging false implication and lack of medical support. Court granted bail on Rs. 25,000 with two sureties, one local, subject to conditions.
Bail granted on bond of Rs. 25,000 with two sureties of the like amount, one to be a local person with immovable property in jurisdiction.
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.47109 of 2018
Arising Out of PS.Case No. -121 Year- 2017 Thana -AMDABAD District- KATIHAR
======================================================
Md. Arif, S/o Md. Rafique, Resident of Village- Jhola Bathna, P.S.Amdabad, District- Katihar.
.... .... Petitioner
Versus
.... .... Opposite Parties
====================================================== Appearance :
For the Petitioner/s : Mr. Sushil Kumar Jha For the Opposite Party/s : Mr. Narendra Kumar Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
Petitioner prays for bail in connection with Amdabad P.S.Case No. 121 of 2017 registered for the offences punishable under Sections 376, 120B and 34 of the Indian Penal Code.
Allegation against the petitioner is of committing rape upon the informant on the pretext of marriage and later on he refused to marry her.
Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and moreover she is a consenting party and medical report does not support the prosecution case and petitioner is in custody since 22.5.2018.
Heard learned APP also.
Patna High Court Cr.Misc. No.47109 of 2018 (2) dt.20-09-2018
2/2
Having heard both sides and in the facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri D. Singh, Judicial Magistrate, 1st Class, Katihar, in connection with Amdabad P.S.Case No. 121 of 2017, G.R.No. 3599 of 2017, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.
(Vinod Kumar Sinha, J)
spal/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in connection with the offences of rape, criminal conspiracy and common intention.
1 provisions across 1 enactments
Md. Arif
The State of Bihar
Rubina Khatoon
VINOD KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
