The Patna High Court granted regular bail to the petitioner in a sexual offence case, noting a family dispute motive and compliance with social distancing guidelines during bail bond furnishing.
Petitioner released on bail upon furnishing bonds of Rs. 25,000 with two sureties of the 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.19400 of 2020
Arising Out of PS. Case No.-400 Year-2019 Thana- RAJAON District- Banka
======================================================
AMRENDRA KUMAR Son of Ram Prasad Singh Resident of VillageNawada Bazar, P.S.- Nawada Bazar, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Praveen Kumar For the Opposite Party/s : Mr.Mohammed Arif ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 09-06-2020 Learned Counsel for the petitioner is directed to remove the defect, as pointed out by the Stamp Reporter, within a period of eight weeks from today.
Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.
The petitioner seeks regular bail in connection with Rajoun (Nawada Bazar) Police Station Case No. 400 of 2019, registered for the offences punishable under Sections 341/323/376/511/504/506/34 of the Indian Penal Code.
The allegation against the petitioner, as per the First Information Report, dated 27.09.2019, is that on the date of occurrence, i.e. on 15.09.2019, the petitioner entered into the room of the informant, removed her cloths and tried to commit
Patna High Court CR. MISC. No.19400 of 2020(2) dt.09-06-2020 2/3
rape upon her. It has further been alleged that younger brother of the petitioner works in Delhi .
Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to family dispute. Paragraph 9 of the bail petition mentions that there was partition between the three brothers, but the informant, who happens to be the sister-in-law (bhabhi) of the petitioner, in order to pressurize the other two brothers, has lodged this false case. He further submits that there is delay in lodging of the First Information Report inasmuch as the occurrence has allegedly taken place on 15.09.2019 and the present First Information Report has been lodged on 27.09.2019 on the basis of complaint, dated 24.09.2019, sent by the informant to the D.I.G., Bhagalpur. He further submits that procedure of Section 154 (3) Cr.P.C. has not been followed in lodging of the First Information Report as there is no statement that the local police did not accept the First Information Report of the informant. He further submits that the police, after completion of the investigation, submitted charge sheet under Section 354-B of the Indian Penal Code against the petitioner and the brother of the petitioner, Rajeev @ Raju, has not been sent up for trial by the police. He further submits that the petitioner is in judicial
Patna High Court CR. MISC. No.19400 of 2020(2) dt.09-06-2020 3/3
custody since 10.01.2020.
After having heard learned Counsel for the parties and taking into consideration the facts that both the parties are closely related to each other and the petitioner is in judicial custody since 01.02.2020, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 25,000/(twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Rajoun (Nawada Bazar) Police Station Case No. 400 of 2019.
It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
1 issue framed by the court
Whether the petitioner is entitled to regular bail in connection with the registered case.
Amrendra Kumar
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
