In a criminal miscellaneous matter, the Patna High Court granted anticipatory bail to the petitioner in a rape/abetment by rape case, subject to furnishing a bond and sureties, noting a dispute settlement and marriage.
Bail enlarged on furnishing a bond of Rs. 10,000 with two sureties of like amount each, subject to conditions.
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.73089 of 2018
Arising Out of PS. Case No.-112 Year-2018 Thana- SURSAND District- Sitamarhi
======================================================
Ahmad Raza @ Md. Ahmad Raza son of Md. Imteyaj, resident of VillageMatauna, P.S. Sursand, District- Sitamarhi.
... ... Petitioner.
Versus
The State Of Bihar
... ... Opposite Party.
====================================================== Appearance : For the Petitioner : Mr. For the State : Mr. For the Informant : Mr. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
5 22-04-2019
Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant.
The petitioner apprehends his arrest in connection with Sursand P.S. Case No.112 of 2018 registered under Sections 376/34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that while in the written report, the allegation of committing rape on her against the petitioner has been made by the informant but the informant in her statement, recorded under Section 164 of the Code of Criminal Procedure, has only stated about her kidnapping by this petitioner. Moreover, the dispute in between the petitioner and the informant has been settled and,
Patna High Court CR. MISC. No.73089 of 2018(5) dt.22-04-2019 2/2
now, the ‘Nikah’ has been performed in between them.
Learned counsel for the informant also submits that the dispute in between the petitioner and the informant has been settled and after ‘Nikah’, the petitioner and the informant are leading her conjugal life happily.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Sitamarhi, in connection with Sursand P.S. Case No.112 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J)
P.S./-
U T
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail after reporting rape allegations and subsequent settlement via Nikah.
Whether the Court can grant bail when allegations of rape are pending investigation despite a settlement.
What bail bonds and surety amounts should be required for the petitioner.
1 provisions across 1 enactments
Ahmad Raza @ Md. Ahmad Raza
The State Of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
