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Patna High CourtCR. MISC./48714/2017allowed

Saurabh Kumar @ Saurabh Mandal @ Saurab Kumar v. The State Of Bihar

2017-11-10Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48714 of 2017 Arising Out of PS. Case No.-9 Year-2017 Thana- RUDRAPUR District- Madhubani ====================================================== Saurabh Kumar @ Saurabh Mandal @ Saurab Kumar S/o Om Prakash Mandal, R/o Village- Madna Araji, P.S.- Rudrapur, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Ms. MEENA SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Rudrapur Police Station Case No. 09 of 2017, disclosing offence under Section 376D of the Indian Penal Code.

Learned Counsel, appearing on behalf of the petitioner, has submitted that the police, upon investigation, have submitted charge sheet under Section 354 of the Indian Penal Code. He submits that the accusation of commission of offence punishable under Section 376D of the Indian Penal Code has been found to be false, in course of investigation.

Considering the above submission, this application is allowed.

Patna High Court Cr.Misc. No.48714 of 2017(2) dt.10-11-2017 2/2 Let the petitioner, Saurabh Kumar @ Saurabh Mandal, 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 Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Rudrapur Police Station Case No. 09 of 2017, subject to the condition 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √