In a criminal miscellaneous application for regular bail arising from a rape and related offences case, the High Court of Judicature at Patna released the petitioner on bail upon furnishing a bail bond and two sureties.
Directed release of petitioner on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount.
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.5265 of 2019
Arising Out of PS. Case No.-67 Year-2014 Thana- MAHILA PS District- Jehanabad
======================================================
Mahesh Manjhi, son of Karu Manjhi, Resident of Village-Noawan, P.S.Sakurabad, District – Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar For the Opposite Party/s : Mr.Jagdhar Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 30-01-2019
Heard the learned counsel for the petitioner and the
learned counsel for the State.
The petitioner seeks regular bail in connection with Jehanabad Mahila P.S. Case No.67 of 2014 for the offences punishable under Sections 376, 511, 354(B), 34 of the Indian Penal Code.
The allegation is regarding the accused persons having intercepted the complainant and dragged her to an isolated lonely place where they have tried to commit rape but upon alarm, the local people came and rescued the victim.
The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that no immoral act has been alleged to have been committed by the
Patna High Court Cr.Misc. No.5265 of 2019(2) dt.30-01-2019 2/2
petitioner herein. The similarly situated co-accused persons are said to have been granted regular bail by a coordinate Bench of this Court by an order dated 01.10.2018 passed in Cr. Misc. No.49954 of 2018. The petitioner is stated to be languishing in custody since 23.04.2018.
Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Jehanabad Mahila P.S. Case No.67 of 2014
It is needless to state that the petitioner shall appear on each and every day fixed by the learned trial Court and in the event of any default in appearance on the fixed date, the present privilege of bail granted to the petitioner shall stand automatically cancelled.
(Mohit Kumar Shah, J)
sanjeev/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in connection with alleged offences under Sections 376, 511, 354(B), and 34 IPC.
1 provisions across 1 enactments
Mahesh Manjhi
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
