Allowed

Guddu Sah v. The State Of Bihar

Patna HC6 Sept 2016CR. MISC./36754/2016

Case brief

AI extract

What is this about?

The High Court of Patna allowed an application for anticipatory bail filed by Guddu Sah. The court noted the petitioner's submission regarding the victim's age and voluntary involvement. Bail was granted subject to specific conditions regarding arrest, surrender, and appearance.

What did the court decide?

Application allowed. Anticipatory bail granted subject to conditions under Section 438(2) CrPC, requiring appearance before police/court and risking cancellation if absent for two consecutive occasion

Guddu Sah Vs The State Of Bihar — Anticipatory Bail | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.36754 of 2016 Arising Out of PS.Case No. -232 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. Guddu Sah Son of Chhotelal Sah, resident of Village- Nandpur, P.SMotihari Muffasil, District- East Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

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2 06-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

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This application, for grant of anticipatory bail, arises out of Turkauliya (Banjariya) Police Station Case No. 232 of 2015, disclosing offences under Sections 363 and 366A of the Indian Penal Code.

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Learned Counsel appearing on behalf of the petitioner has drawn my attention to the statement of the victim, recorded under Section 164 of the Code of Criminal Procedure, 1973, in order to contend that she is 18 years of age and she had gone with the petitioner out of her own volition.

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Considering the above submission and

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statement made under Section 164 of the Code of Criminal

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Patna High Court Cr.Misc. No.36754 of 2016 (2) dt.06-09-2016

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2/2

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Procedure, 1973, this application is allowed.

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Let the petitioner, Guddu Sah, 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 Chief Judicial Magistrate, Motihari, in connection with Turkauliya (Banjariya) Police Station Case No. 232 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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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.

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(Chakradhari Sharan Singh, J.)

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Prabhakar Anand/-

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U √ T √

Guddu Sah v. The State Of Bihar

Case brief

What is this about?

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Guddu Sah v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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