A single judge of the Patna High Court granted anticipatory bail to the petitioner, who faced allegations of supporting the rape of a 12-year-old girl, subject to a monetary bond and conditions.
Petitioner released on anticipatory bail within six weeks on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each.
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.5829 of 2018
Arising Out of PS.Case No. -98 Year- 2017 Thana -DERNI District- SARAN
======================================================
Ram Nath Rai, S/o Bhikhari Rai, R/o Village- Chhotka Baneya, P.S.- Derni, District- Saran.
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr. Rana Vikram Singh, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
2 01-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Derni P.S. Case No.98 of 2017, registered for the offence punishable under Section 376/34 of the Indian Penal Code.
As per the statement made by the victim, where she has stated that on 18.02.2017 in the evening at 7 o’clock she had gone for natural call, at that time, Mithilesh Kumar Rail came and he took her to the different places and both have reached to Kolkatta, there they stayed and later on, Vikash Kumar also joined and both have forcibly established physical relationship with her. Allegation against this petitioner is that he has
Patna High Court Cr.Misc. No.5829 of 2018 (2) dt.01-02-2018
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supported them.
As there is no specific allegation against the petitioner, let the petitioner, namely, Ram Nath Rai, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.C.J.M., VII, Saran, Chapra, in connection with Derni P.S. Case No.98 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Shivaji Pandey, J)
pawan/-
U
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in connection with PS Case No.98 of 2017 registered for offences under Sections 376/34 IPC.
1 provisions across 1 enactments
Ram Nath Rai
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
