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Patna High CourtCR. MISC./55814/2019bail granted

Raju Bin v. The State Of Bihar

2019-09-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55814 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- CHOUTARWA District- West Champaran ====================================================== RAJU BIN Son of Mahendra Bin Resident of Village - Jitpur, Banjaria, P.S. - Semra, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Chautarwa (Bathwariya) P.S. Case No. 57 of 2019, disclosing the offence under Sections 366-A, 120-B, 323 of the Indian Penal Code.

My attention has been drawn to the statement of the victim recorded under Section 164 of the Cr.P.C. to contend that the entire case of the prosecution, as narrated in the complaint petition, based on which the FIR has been registered, stands falsified.

I find substance in the submission so advanced. This application is accordingly allowed. Let the petitioner, abovenamed, in the event of his arrest/surrender within six weeks

Patna High Court CR. MISC. No.55814 of 2019(2) dt.05-09-2019 2/2 from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned ACJM-1st Bagaha, West Champaran in Chautarwa (Bathwariya) P.S. Case No. 57 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. 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) Rajesh/- U T