Allowed¶25

Manish Kumar @ Ashish Kumar v. the State of Bihar

Patna HC24 Jul 2024CR. MISC./25182/2024

Case brief

AI extract

What is this about?

Keywords: regular bail; rape; Sections 341/323/504/376/506 IPC; Nathnagar P.S. Case No. 560 of 2023; Bhagalpur; Section 164 CrPC statement; medical age determination 14-16 years; two-year margin to majority; consensual-relation defence; custody over one year; clean antecedents; bail bond Rs.10,000/- with two sureties; condition to cooperate in trial. Bench: Nawneet Kumar Pandey, J. As printed: Patna High Court CR. MISC. No.25182 of 2024(3) dt.24-07-2024. Disposition: bail application allowed.

What did the court decide?

Regular bail — release on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Bhagalpur, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. ¶25

Manish Kumar @ Ashish Kumar Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, arraigned for offences under Sections 341, 323, 504, 376 and 506 IPC in Nathnagar P.S. Case No. 560 of 2023, is entitled to regular bail.

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Court's answer

On perusal of the FIR, the victim did not inform her parents of the alleged occurrence — her brother Satyam Kumar informed the informant — and nothing in the FIR shows that she raised a hue and cry during the alleged offence.

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Ratio / Principle

The petitioner has been in custody for more than a year and is a person of clean antecedents; applying a two-year margin to the medically determined age, the victim comes to 18 years, and the medical report does not corroborate the allegation.

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Key takeaways

Bail granted: the petitioner is to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Bhagalpur, subject to the condition that he shall cooperate in the disposal of trial and make himself available as and when required by the court.ratio¶25

Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J.) allowed regular bail in CRIMINAL MISCELLANEOUS No.25182 of 2024 (order dated 24-07-2024) arising from Nathnagar P.S. Case No. 560 of 2023, District Bhagalpur, where the petitioner was alleged to have entered the informant's house in her maike and committed rape upon her (offences under Sections 341, 323, 504, 376, 506 IPC). The court noted: the FIR shows the victim did not inform her parents of the occurrence — her brother Satyam Kumar disclosed it — and contains nothing showing she raised a hue and cry; the petitioner was in custody for more than a year and is a person of clean antecedents; a two-year margin on the medically determined age (14-16 years) brings the victim to 18 years; and the medical report does not corroborate the allegation. Bail granted on bonds of Rs.10,000/- with two like sureties before the learned Special Judge, Bhagalpur, conditioned on cooperation in the disposal of trial and availability as and when required by the court.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25182 of 2024

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Arising Out of PS. Case No.-560 Year-2023 Thana- NATHNAGAR District- Bhagalpur

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======================================================

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MANISH KUMAR @ ASHISH KUMAR SON OF ANIL PODDAR RESIDENT OF VILLAGE - HARIDASPUR, P.S. - NATHNAGAR, DISTRICT - BHAGALPUR

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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MADHULATA DEVI WIFE OF MAHESH PRASAD SHARMA VILLAGE- HARIDASPUR, PS- NATHNAGAR, DIST- BHAGALPUR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pravin Kumar Sinha For the Opposite Party/s : Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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3 24-07-2024

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Heard learned counsel for the petitioner as well as

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learned APP for the State.

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In this case, the petitioner is seeking regular bail

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in connection with Nathnagar P.S. Case No. 560 of 2023, registered for the offences punishable under Sections 341, 323, 504, 376, 506 of the Indian Penal Code.

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As per allegation, when the informant was in her maike and her husband had gone to orchard, the petitioner entered into the house of the victim and committed rape upon her. Her brother Satyam Kumar suddenly came and saw the occurrence, whereafter the petitioner fled away.

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Learned counsel for the petitioner has submitted

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Patna High Court CR. MISC. No.25182 of 2024(3) dt.24-07-2024 2/3

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that the petitioner is innocent and has falsely been implicated. As a matter of fact, when the parents of the victim were not present in the house she herself called the petitioner to her house and it was not a case of rape rather the physical relation was consensual. His further submission is that when Satyam Kumar, the brother of the informant, saw the occurrence, the petitioner was made accused. He has also submitted that the age of the victim, as per medical examination is 14-16 years, and if the margin of 2 years is given, the victim becomes major.

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On the other hand, learned counsel for the informant opposed the prayer for bail by submitting that in the absence of parents of the victim, the petitioner entered their house and, finding the victim alone, committed rape upon her. Learned counsel has also submitted that the victim, in her statement under Section 164 of the CrPC, has fully corroborated the allegation.

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From perusal of the FIR, it appears that the victim did not inform the alleged occurrence to her parents rather her brother Satyam Kumar informed the occurrence to the informant. There is nothing in the FIR which shows that the victim raised a hue and cry when the petitioner was committing the alleged offence. The petitioner is under custody for more

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Patna High Court CR. MISC. No.25182 of 2024(3) dt.24-07-2024 3/3

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than a year and is a person of clean antecedents. If a margin of two years is given to the age determined by the medical team, the age of the victim comes to 18 years and the medical report does not corroborate the allegation.

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Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Bhagalpur in connection with Nath Nagar P.S. Case No. 560 of 2023, subject to the following condition:-

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The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

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(Nawneet Kumar Pandey, J)

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SONALI/-

Manish Kumar @ Ashish Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Manish Kumar @ Ashish Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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