Patna High CourtCR. MISC./6066/2016bail granted

Amarjit @ Amarjit Patel v. The State Of Bihar

2016-03-31Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6066 of 2016 Arising Out of PS.Case No. -160 Year- 2014 Thana -PATRAKARNAGAR District- PATNA ====================================================== Amarjit @ Amarjit Patel Son of Sri Dhanajay Prasad resident of K/91, Hanuman Nagar, Kankarbagh, Police Station - Patrakar Nagar, District - Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Gupta For the Opposite Party/s : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 31-03-2016 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 Patrakar Nagar P.S.Case No. 160/2014, disclosing offences under sections 354, 376 and 511 of the Indian Penal Code. Learned counsel, appearing on behalf of the petitioner, appears to be right in his submission that no offence under section 376 of the Indian Penal Code is made out and the physical relationship established by the petitioner, if any, is consensual in nature and not by inducement or coercion.

This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of his arrest/

Patna High Court Cr.Misc. No.6066 of 2016 (3) dt.31-03-2016 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 Sushree Kiran Chaturvedi, Judicial Magistrate, 1st Class, Patna, 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) Surendra/- U