Gopal Krishnan @ Gopal Krishna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.137 of 2019 Arising Out of PS. Case No.-2 Year-2017 Thana- MAHILA P.S District- Supaul * ====================================================== Gopal Krishnan @ Gopal Krishna, Son of Sri Ram Charan Prasad Resident of Mohalla Sri Nagar Hata Behind Bachcha Jail, P.S.-K. Hat, District-Purnea ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ram Prawesh Kumar For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 26-02-2019 The appellant seeks pre arrest bail in connection with Mahila P.S. Case No. 02/2017, registered for offences punishable under Sections 376, 504 and 506 of the Indian Penal Code and Section 3(i) (w) of SC/ST Act.

Appellant happens to be a B.D.O. and allegation against him is of making physical relationship with the informant against her will.

It has been submitted on behalf of the appellant is that the present false and concocted case has been filed at the instance of local M.L.A. and no such occurrence as alleged has ever taken place, which will appear from the fact that medical report does not support the allegation.

Heard learned Special P.P. also .

Having heard both sides, considering the facts and

Patna High Court CR. APP (SJ) No.137 of 2019 dt.26-02-2019 2/2 circumstances of the case, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of six weeks be released on provisional bail till submission of charge sheet on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -I, Supaul in connection with Mahila P.S. Case No. 02/2017, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C. In the meantime, the petitioner shall appear before the investigating officer and shall file all the relevant documents, who will examine the same and after investigation, the case is found true, the petitioner has to surrender before the court below and pray for regular bail.

Accordingly, this appeal is disposed of.

(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date