Patna High CourtCR. MISC./5384/2016bail granted

Md. Nanhe v. The State Of Bihar

2016-03-08Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 5384 of 2016 Arising Out of PS.Case No. -102 Year- 2015 Thana -KEOTI District- DARBHANGA ====================================================== Md. Nanhe Son of Md. Heera, resident of Village- Jalwara, Police StationKeoti, District- Darbhanga. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dharmendra Jha, Advocate. For the Opposite Party : Mr Girish Chandra Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Keoti P.S. Case No. 102 of 2015, disclosing offences under sections, 341, 323, 376, 420, 504, 506 of the Indian Penal Code. Learned counsel for the petitioner submits that no case under section 376 of the Indian Penal Code has been made out, inasmuch as there is no allegation that the petitioner ever established physical relationship forcibly. Learned counsel for the petitioner has also referred to the statement of victim recorded under section 164 of the Cr.P.C. and contends that the allegation in the First Information Report is falsified. Learned counsel for the informant has vehemently opposed the prayer for bail.

Patna High Court Cr.Misc. No.5384 of 2016 (2) dt.08-03-2016 2/2 Considering the facts and circumstances of the case, this application is allowed.

Let the petitioner, abovenamed, in the event of his arrest/surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with Keoti P.S. Case No. 102/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajiv/- U