The High Court of Patna allowed the petitioner's bail application in a rape and criminal intimidation case, directing him to furnish a bond and remain present in court.
Enlargement on bail of Rs. 20,000 with two sureties of the like amount, conditioned on physical presence before the learned C.J.M. court.
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.23452 of 2024
Arising Out of PS. Case No.-307 Year-2023 Thana- KASBA District- Purnia
======================================================
Lalu Kumar Ram @ Lalu Ram @ Lalu Kumar, Male, aged about 24 years, S/o Singheshwar Ram @ Singheswar, R/o Rasdampur, Ward No. 12, P.S. - Barahra Kothi, Distt. - Purnea.
... ... Petitioner
... ... Opposite Parties
====================================================== Appearance : For the Petitioner : Mr. Md Fazle Karim, Advocate For the O.P. No. 2 : None. For the State : Mr. Uday Pratap Singh, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
5 09-07-2024
This matter has been listed under the heading ‘For Orders (on office notes)’.
Patna High Court CR. MISC. No.23452 of 2024(5) dt.09-07-2024 2/4
P.S. Case No. 307 of 2023 dated 29.08.2023 registered for the offences punishable under Sections 376 and 506 of the I.P.C.
Patna High Court CR. MISC. No.23452 of 2024(5) dt.09-07-2024 3/4
medically examined on 29.08.2023 although the doctor after medical examination of the victim has opined that there was no sign of rape on the victim. The victim had sexual intercourse in the past. Hence, the medical examination report has not supported the allegation of rape as alleged against the petitioner. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 29.08.2023.
(I) 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 bonds of the petitioner are
Patna High Court CR. MISC. No.23452 of 2024(5) dt.09-07-2024 4/4
liable to be cancelled.
(Chandra Prakash Singh, J)
U.K./- U T
2 issues framed by the court
Whether the petitioner is entitled to bail in charges of rape and criminal intimidation.
Whether the medical report supporting the petitioner's innocence is sufficient for bail.
1 provisions across 1 enactments
Lalu Kumar Ram @ Lalu Ram @ Lalu Kumar
The State of Bihar
Sabana Khatoon
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
