High Court granted pre-arrest bail to petitioner. Victim's statement indicated consensual physical relationship leading to conception. Bail ordered subject to bond and sureties.
Petitioner directed to be released on bail on furnishing bond of Rs. 10,000 and two sureties of 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.76176 of 2019
Arising Out of PS. Case No.-263 Year-2018 Thana- KARJA District- Muzaffarpur
======================================================
Md. Hasnain Son of Md. Mumtaz Resident of Village - Madho-Chhapra, P.S.Karja, District- Muzaffarpur
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Sanjay Parasmani, Advocate For the Opposite Party : Mr.Lalan Kumar. APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
5 18-06-2020
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State via video conferencing.
The petitioner seeks pre-arrest bail in connection with Karja P. S. Case No.263 of 2018 registered under Sections 341, 376, 504, 506/34 of the Indian Penal Code.
Considering the statement of the victim, a girl aged 18 years, recorded under Section 164 of the Code of Criminal Procedure wherein she has clearly stated that out of her own sweet will, she had established physical relationship with the petitioner, as a result of which she conceived, in the event of arrest or surrender before the court below, he is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.76176 of 2019(5) dt.18-06-2020 2/2
satisfaction of learned ACJM-IInd, West Muzaffarpur in Karja P. S. Case No.263 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J)
kanchan/-
U T
2 issues framed by the court
Whether to grant pre-arrest bail to the petitioner in a case involving offences under Sections 341, 376, 504, 506/34 IPC.
Whether the victim's statement under Section 164 CrPC indicating the relationship was consensual justifies granting bail.
3 provisions across 2 enactments
Md. Hasnain
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
