The High Court at Patna granted regular bail to the petitioner in a case involving allegations of assault, false promise to marry, and rape. Bail was granted on furnishing a bond with sureties and a condition to appear regularly in court.
Petitioner directed to be enlarged on bail on furnishing a bond of Rs. 20,000 with 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.26210 of 2022
Arising Out of PS. Case No.-132 Year-2021 Thana- SANHAULA District- Bhagalpur
======================================================
MD. IQRAM SON OF MD. SALAHUDDIN R/O VILLAGE- BABURA, P.S.- DHANKUND, DISTRICT- BANKA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 09-11-2022
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in a case registered u/s 341, 323, 376 and 506 read with 34 of the Indian Penal Code.
As per the prosecution case, the petitioner used to make physical relationship on the basis of a false promise to marry with the informant. Later when the informant became pregnant, the petitioner left her home and later the mobile of the petitioner was found switched off. When the informant went to
Patna High Court CR. MISC. No.26210 of 2022(2) dt.09-11-2022 2/3
the petitioner’s house, the co-accused persons assaulted her with lathi and danda.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. It is further submitted as per para eight of the bail petition that the informant is already a married lady aged about 35 years old having one male child namely Md. Eahtesham aged about 5 years old. The statement of the victim recorded under Section 164 of the I.P.C. also revealed that the victim was aged about 35 years. The victim lady is already residing with the petitioner. The petitioner is in custody since 06.09.2021.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Sanhaula P.S. Case No. 132 of 2021, with a condition:-
Patna High Court CR. MISC. No.26210 of 2022(2) dt.09-11-2022 3/3
1.The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
The application stands allowed.
(Chandra Prakash Singh, J)
shobhakri/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in case of alleged assault, cheating, and rape.
Md. Iqram
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
