Awatar Patel @ Awatar @ Chhotu Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32759 of 2018 Arising Out of PS.Case No. -182 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================
1. AWATAR PATEL @ AWATAR @ CHHOTU PATEL S/o Birbal Singh, R/o Mohalla- Rampur Sarotar, P.S.- Goraul, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Bhagat For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2018 The petitioner is apprehending his arrest in connection with Goraul P.S. Case No. 182 of 2016, registered for offences punishable under Sections 420, 465, 467, 468, 376, 341, 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner that he made physical relationship with the informant on the pretext of marriage and when she was released from Alpawas Grih on 20.08.2016., he went to the house of the petitioner, where the petitioner and others snatched away her golden chain and ear ring and also assaulted her. It is further alleged that petitioner by impersonating the signature of informant has obtained sale deed and also withdrawn Rs. 19 lacs, while, she was at Alpawas Grih.
It has been submitted on behalf of the petitioner that out
Patna High Court Cr.Misc. No.32759 of 2018 (2) dt.02-07-2018 2/3 and out false and fabricated case has been lodged against the petitioner and since the petitioner herself was in judicial custody since 28.09.2011 to 2016, then there is no force in allegation that petitioner has made sexual relationship with the informant on the pretext of marriage and so far other allegations are concerned, they are only ornamental.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Hajipur, Vaishali, in connection with Goraul P.S. Case No. 182 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the
Patna High Court Cr.Misc. No.32759 of 2018 (2) dt.02-07-2018 3/3 investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T