ORAL order granting bail to the petitioner in a rape case before Judicial Magistrate, Sitamarhi. Court relied on victim's retraction in separate trial of co-accused and lack of criminal antecedents.
Release on bail on furnishing bond of Rs. 10,000 with two sureties of like amount to C.J.M., Sitamarhi.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14668 of 2020
Arising Out of PS. Case No.-11 Year-2016 Thana- MAHILA P.S. District- Sitamarhi
======================================================
MD. JIFRAN @ MD. JAFAR S/o Late Najir Sheikh R/o village- Talkhapur, P.S.- Sitamarhi, Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Rana Randhir Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 03-03-2020
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 341, 323, 376/34 of the Indian Penal Code.
Allegation is that the accused persons including petitioner committed rape upon the victim.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.12.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The case was instituted against the petitioner and the other co-accused, namely, Amir Khan. Subsequently the trial of the petitioner and co-accused Amir Khan was separated. The deposition of the victim was made in
Patna High Court CR. MISC. No.14668 of 2020(2) dt.03-03-2020 2/2
the trial of co-accused Amir Khan, which is Annexure 5 to the present application, where the victim has retracted from the allegations of commission of rape.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Sitamarhi Mahila P.S. case No.11 of 2016.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a rape case where the victim has retracted allegations in trial of co-accused.
MD. JIFRAN @ MD. JAFAR
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
