Application for bail in a case involving IPC sections 376, 307, 417, etc. Granted due to innocent implication, unexplained FIR delay, and inconclusive medical evidence of sexual assault.
Released on bail on furnishing security of Rs. 20,000 with two sureties of 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.27525 of 2024
Arising Out of PS. Case No.-59 Year-2023 Thana- MAHILA P.S District- West Champaran
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Ashraf Alam, Gender-Male, aged about 23 years, Son of Neyaz Alam @ Ajijullah Alam, Resident of Village- Mahesara, Police Station- Gopalpur, District- West Champaran.
... ... Petitioner
Versus
... ... Opposite Parties
====================================================== Appearance : For the Petitioner : Mr. Sarvesh Kashyap, Advocate For the Opposite Party : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
5 29-07-2024
This matter has been listed under the heading ‘For Orders (on office notes)’.
Patna High Court CR. MISC. No.27525 of 2024(5) dt.29-07-2024 2/4
talk with her since four years on the pretext of marriage. It is further alleged that on 07.10.2023, the petitioner took the informant from Motihari to Bettiah and committed rape on her in a Guest House near the Bettiah Bus Stand . Thereafter, a scuffle took place between them for repairing of mobile and due to that reason he assaulted and started strangulating her with Dupatta and thereafter he fled away from there.
Patna High Court CR. MISC. No.27525 of 2024(5) dt.29-07-2024 3/4
against him. It is further submitted that both parties are good friends and the informant’s father wants to marry her daughter with the petitioner but the petitioner’s father was not agree for the same, hence, the petitioner has falsely been implicated in the present case. It is submitted that the informant is a major girl who knew the consequence of the act of the petitioner. Learned counsel for the petitioner has further submitted that the informant and the petitioner chose to have physical relationship of their own will. Learned counsel for the petitioner placed reliance on the judgment in the case of Mandar Deepak Pawar Vs. State of Maharashtra & Anr. (Criminal Appeal No. 442 of 2022) in which “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 clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 21.10.2023.
Patna High Court CR. MISC. No.27525 of 2024(5) dt.29-07-2024 4/4
of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Bettiah Mahila P.S. Case No. 59 of 2023.
(Chandra Prakash Singh, J)
U.K./- U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a non-bailable offence involving rape and grievous hurt considering the delay in FIR and medical findings?
Colour shows how this judgement treated each authority
Mandar Deepak Pawar Vs. State of Maharashtra & Anr.Referred¶21
Mandar Deepak Pawar Vs. State of Maharashtra & Anr. (Criminal Appeal No. 442 of 2022)
2 provisions across 2 enactments
Ashraf Alam
The State of Bihar
Roshan Khatoon
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
