The High Court granted regular bail to the petitioner, who was facing charges of rape and offences under the POCSO and SC/ST Acts, on furnishing a bail bond of Rs. 20,000 with two sureties, relying on specific Supreme Court judgments.
Enlarged on bail on furnishing a bond of Rs.20,000 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.41199 of 2023
Arising Out of PS. Case No.-57 Year-2022 Thana- MAHILA PS District- Darbhanga
======================================================
MD. ARMAN S/O MD. MUMTAZ R/O Village- Muraitha, P.S- Jalley, Distt.Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Baidya Nath Prasad For the Opposite Party/s : Mrs.Usha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 19-07-2023
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 as well as learned counsel for the informant.
The petitioner has preferred this application for grant of regular bail in connection with Mahila P.S. Case No. 57 of 2022 dated 19.8.2022 registered for the offence punishable u/s 313, 376, 506/34 of the Indian Penal Code and u/s 4 and 6 of the POCSO Act and u/s 3(i)(r)(s), 3(i)(s), 3(2)(v) of SC/ST Act.
As per the prosecution case, the petitioner had been committing rape on the informant for three years on the pretext
Patna High Court CR. MISC. No.41199 of 2023(2) dt.19-07-2023 2/4
of marriage and she became pregnant which was aborted. When the informant went to the house of the petitioner, his parents abused the informant in the name of her caste and also threatened to kill her.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the victim has already married to one Manoj Kumar prior to lodging of the present case. It is further submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has stated that the petitioner took her to Muzaffarpur where he put vermilion on her head and resided with her as husband and wife. No offence under the POCSO Act is made out against the petitioner. There is no statutory compliance of Section 53A and 164A of the Cr.P.C. The petitioner has not called abuses in the name of the caste of the victim. It is further submitted that there was no member of public present at the time of the incident. Hence, no offence u/s 4 and 6 of the ST and SC Act is made out against the petitioner. Learned counsel for the petitioner has placed reliance on the
Patna High Court CR. MISC. No.41199 of 2023(2) dt.19-07-2023 3/4
judgment of the Apex Court in the case of Mandar Deepak Pawar Vs. The State of Maharashtra & Anr. passed in Cr. Appeal No(s). 442/2022; 27th July, 2022 in which the Hon'ble Supreme Court has held that “a distinction was made between a false promise to marriage which is given on understanding by the maker that it will be broken and a breach of promise which is made in good faith but subsequently not fulfilled”. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 31.3.2023.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim is a minor girl.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, 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, Darbhanga in connection with Mahila P.S. Case No. 57 of 2022 with the following condition :-
Patna High Court CR. MISC. No.41199 of 2023(2) dt.19-07-2023 4/4
cause, the bail bonds of the petitioner are liable to be cancelled.
The application stands allowed.
(Chandra Prakash Singh, J)
Ajay Singh/-
U T
2 issues framed by the court
Whether the petitioner should be granted regular bail in the said case.
Whether any comma in the case against the petitioner warrants its quashing.
Colour shows how this judgement treated each authority
Mandar Deepak Pawar Vs. The State of Maharashtra & Anr.Relied on¶18
Mandar Deepak Pawar Vs. The State of Maharashtra & Anr. passed in Cr. Appeal No(s). 442/2022; 27th July, 2022
3 provisions across 3 enactments
Md. Arman
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
