This criminal miscellaneous order grants anticipatory bail to the petitioner in a case involving rape and criminal conspiracy. The High Court allowed bail subject to summoning within six weeks and furnishing a bond with sureties.
Enlargement on bail by furnishing a bond of Rs.25,000 with two sureties and surrendering within six weeks.
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.4277 of 2022
Arising Out of PS. Case No.-253 Year-2021 Thana- ADAPUR District- East Champaran
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Jokhu Paswan S/o Late Bhadai Paswan Resident of Village- Arara, P.S.Adapur, District- East Champaran.
... ... Petitioner/s
Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar No.III For the Opposite Party/s : Mr. Aditya Narayan Singh.1 ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 24-08-2022
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in connection with Adapur P.S. Case No.253 of 2021, registered for the offences punishable under Sections 376(D), 120(B) and 34 of the Indian Penal Code.
Co-accused, Dhuman Sahni and Rabbe Alam are said to have committed rape with the informant. It is alleged that the petitioner was also present with the co-accused persons.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that earlier the petitioner had filed a complaint case against the SHO of Adapur police station and in that case
Patna High Court CR. MISC. No.4277 of 2022(3) dt.24-08-2022 2/2
cognizance has been taken against the SHO and due to this reason the petitioner has falsely been implicated by the SHO of Adapur police station. It is submitted that name of father of the petitioner has not been mentioned in the FIR. It is further submitted that the statement of the victim was recorded under Section 164 Cr.P.C. in which she has not stated that the petitioner has committed rape with her.
Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.
Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/(rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Adapur P.S. Case No.253 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J)
Sanjay/-
U T
1 issue framed by the court
Whether anticipatory bail is maintainable under Section 438 Cr.P.C. in a charging case for rape.
1 provisions across 1 enactments
Jokhu Paswan
The State of Bihar
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
