Kalam Bhant v. The State Of Bihar
Patna High Court Cr.Misc. No.50122 of 2018 (2) dt.14-08-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50122 of 2018 Arising Out of PS.Case No. -117 Year- 2016 Thana -FULKAHA District- ARRARIA ======================================================
1. Kalam Bhant S/o late Sudma Bhant Resident of Village- Naya Tola, Nawabganj, P.S. Fulkaha, District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Naushad Uzzoha, Adv. For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-08-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Fulkaha Police Station Case No. 117 of 2016, disclosing offences under Sections 363 and 366 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the victim in her statement recorded under Section 164 Cr. P.C. has admitted that she out of her sweet will has performed second marriage with the petitioner, which is evident from annexure-2. Therefore, no case under Section 363 and 366 of the Indian Penal Code is made out against the petitioner. Hence, the petitioner deserves the
Patna High Court Cr.Misc. No.50122 of 2018 (2) dt.14-08-2018 privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Judicial Magistrate-1st, Class, Araria, in connection with Fulkaha Police Station Case No. 117 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T