In a criminal bail application, the Patna High Court granted bail to the petitioner, Nasir Khan, who was detained in relation to an alleged rape and cheating case involving a consensual relationship.
Petitioner directed to be released on bail upon furnishing a bail bond 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.8586 of 2018
Arising Out of PS.Case No. -675 Year- 2015 Thana -BETTIAH CITY DistrictWESTCHAMPARAN (BETTIAH)
====================================================== Nasir Khan, son of Mustaque Khan, resident of village- Siswa Basantpur Bazar, P.S.- Lauriya, Dsitrict- West Champran.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 13-02-2018 Heard learned counsels for the petitioner and the State.
The petitioner, already in custody, seeks bail in connection with Bettiah Town (Kalibag) P.S.Case No. 675 of 2015 registered under Sections 376 and 420 of the Indian penal Code.
Allegation in brief is that prosecutrix was having love affairs with the petitioner and he established sexual relationship, later on she learnt that he is married having kids also.
Submission is that prosecutrix is major and it was a consensual relationship and she knew that petitioner was married even though this case was lodged.
Having considered the aforesaid facts and circumstances, the petitioner, namely, Nasir Khan is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM,
Patna High Court Cr.Misc. No.8586 of 2018 (2) dt.13-02-2018
2/2
Bettiah, West Champaran in connection with Bettiah Town
(Kaligab) P.S. Case No. 675 of 2015.
(Arun Kumar, J)
Sujit/-
U T
1 issue framed by the court
Whether the petitioner, already in custody, is entitled to bail in a case involving Sections 376 and 420 of the Indian Penal Code.
1 provisions across 1 enactments
Nasir Khan
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
