Patna High Court Allows Petition for Regular Bail in the Offence Punishable u/s 376 of IPC and Section 4/6 of POSCO

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The petition was filed for regular bail in connection with Madura (Gaura O.P.) P.S, the case for an offence punishable u/s 376 of the Indian Penal Code and Sections 4/6 of POSCO Act.

Brief Facts Of The Case

It was submitted by the learned counsel that there were allegations that the petitioner had committed rape on the informant twice on 03.10.2019. The informant claimed in the First Information Report that her parents reached the place of crime, after which she was taken to the Mahila police station where her statement was taken at 1:00 P.M and she was also sent for medical examination.

Arguments before the Court

The learned counsel submitted that the examination revealed that the girl was above the age of 19 and there were no signs of recent intercourse.  The learned counsel also took the court through the medical examination report which clearly states that the doctor did not find any spermatozoa, dead or alive. It was also found that the informant was habituated to intercourse but no signs of recent intercourse were found. The statement of the informant was analyzed and it was found that at one point she only claimed that the petitioner had opened her cloth. She claimed much later that he had also committed the wrongful act. The learned counsel pleaded that the case was not supported by any prima facie material.

Court’s Decision

Considering all the facts and circumstances, it was taken into consideration that the medical examination showed no signs of rape.

The court also took into consideration that in her statement, paragraph 7, she claims that the petitioner opened her pant and later she made the statement that he also committed the wrongful act.

The petitioner was granted bail in connection with Sessions Trial (POSCO) No. 110 of 2019 on furnishing bail bond of Rs 15,000/- (fifteen thousand) with two sureties of the like amount and subject to conditions laid down under Section 437(3) Cr.PC.


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