In a regular bail application under a rape case, the High Court of Patna directed the petitioner's release on bail after considering the delay in FIR, lack of medical evidence supporting recent intercourse, and clean antecedents.
Petitioner enlarged on bail by furnishing a bond of Rs.20,000 with two sureties of like amount each.
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.5035 of 2024
Arising Out of PS. Case No.-392 Year-2023 Thana- MASHRAK District- Saran
======================================================
Naushad Alam Son Of Quamudin Miya Resident Of Village - Mashrakh Takhta, Police Station - Mashrakh, District - Saran At Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Krishna Yadav, Advocate For the Opposite Party/s : Mrs. Sharda Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
5 03-07-2024
Heard learned counsel for the petitioner and learned
A.P.P for the State.
2 . The petitioner has preferred this application for grant of regular bail in connection with Mashrakh P.S. Case No. 392 of 2023 dated 24.07.2023 registered for the offences punishable under Sections 342 and 376(D) of the Indian Penal Code.
3 . As per the prosecution case, the petitioner along with two unknown accused persons has committed rape on the informant.
4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The F.I.R. has been lodged after a delay of two days without disclosing the reasons for the delay. The victim is major. The medical report does not support the prosecution case in which the
Patna High Court CR. MISC. No.5035 of 2024(5) dt.03-07-2024 2/2
doctor opined that there is no evidence of recent sexual intercourse and she was not pregnant. The victim/informant has not stated anything regarding sexual assault with her in her examination-inchief. The petitioner has a clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.07.2023.
5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim in her statement recorded u/s 164 of Cr. P.C. has supported the prosecution case.
6 . 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, Saran at Chapra in connection with Mashrakh P.S. Case No. 392 of 2023.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
lata/- U T
2 issues framed by the court
Whether the petitioner is eligible for regular bail in a rape case where the FIR was lodged with delay and medical report does not support the prosecution case.
Whether the delay in lodging the FIR and inconsistencies in the medical report are sufficient grounds to grant bail.
1 provisions across 1 enactments
Naushad Alam
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
