Patna High CourtCR. MISC./59292/2018bail granted

Nirmal Kumar Das @ Nirmal Das v. The State Of Bihar

2018-09-28Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.59292 of 2018 (2) dt.28-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59292 of 2018 Arising Out of PS.Case No. -70 Year- 2018 Thana -ABADPUR District- KATIHAR ====================================================== Nirmal Kumar Das @ Nirmal Das S/o Subod Kumar Das @ Subod Das, R/o Vill.- Zahirpur, P.S.- Abadpur, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Najeeb Ahmad For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 28.09.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Abadpur P. S. case no. 70/2018 registered under sections 376, 498(A), 341, 327, 504/34 of the IPC and 3/4 of the D.P Act.

The petitioner happens to be elder brother-in-law of the informant. The informant claims that petitioner committed rape on her but submission on behalf of the petitioner is that much prior to institution of present case, the informant filed complaint case bearing complaint case no. 881 of 2018 but in the aforesaid complaint case, she has nowhere, stated above the so-called story of rape.

Patna High Court Cr.Misc. No.59292 of 2018 (2) dt.28-09-2018 Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Smt. Jay Shree, Judicial Magistrate 1st Class, Katihar in Abadpur P. S. case no. 70/2018 subject to condition as laid down under section 438(2) of the Cr.P.C.

Shahid/Abhijeet (Hemant Kumar Srivastava,J) U T