This oral order granted anticipatory bail to the petitioner in a case involving rape and related offences. The court found no direct allegations against the petitioner and granted bail upon surrender within six weeks, subject to bond conditions.
Released on bail upon surrender within six weeks, furnishing bonds of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2824 of 2014
====================================================== Kavish Ranjan son of Mohan Prasad @ Suresh Prasad, resident of villageEkangerdih, P.S.- Ekanger Sarai, District- Nalanda.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-01-2014 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks anticipatory bail in a case registered for the offences punishable under sections 376, 504, 506 read with 34 of the Indian Penal Code.
It is contended that from the allegations made in the FIR it would transpire that the informant was in relationship with the brother of the petitioner, namely, Madhu @ Nirbhay Kumar Ranjan, who had promised to marry her. So far as the petitioner is concerned, there is no allegation against him so as to constitute ingredients of an offence under section 376 of the Indian Penal Code and the other offences alleged are bailable in nature.
Considering the facts and circumstances of the case, in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy of this order, let the above named petitioner be released on bail on furnishing bail bonds of
Patna High Court Cr.Misc. No.2824 of 2014 (2) dt.20-01-2014
2
Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Mhila P.S. No. 90 of 2013 subject to the conditions as laid down under section 438(2) Cr.P.C.
(Ashwani Kumar Singh, J)
Md.S./-
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail given absence of specific allegations against him and the bailable nature of other charges.
1 provisions across 1 enactments
Kavish Ranjan
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
