The Patna High Court granted regular bail to the petitioner, a co-accused in a case involving offences under Section 366A/34 IPC, by directing his release pending investigation.
Directed the petitioner to be released on bail on furnishing a bond of Rs.10,000 with two sureties of like amount each of Rs.10,000 each.
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.13278 of 2017
Arising Out of PS.Case No. -5 Year- 2015 Thana -AMAUR District- PURNIA
====================================================== Md. Anwar, son of late Mohib @ Kare, resident of village Hakka, P.S. Amour, district Purnia .... Petitioner Versus The State of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Pramod Kumar Mallick, Adv. For the Opposite Party : Mrs. Anita Kumari Singh, APP 161 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 22-03-2017 Heard the learned counsel for the petitioner and the State.
This is a petition for grant of regular bail for offence under Section 366A/34 of the Indian Penal Code.
It appears that some other co-accused have been allowed bail in this case.
The victim-girl in her statement under Section 164 of the Criminal Procedure Code stated that the petitioner and others forcefully took her, thereafter, some stuphying substance was served and she became unconscious and on getting consciousness she telephoned to the family members.
Submission of the petitioner is that the victim is of love affairs and under pressure of the family, statement under Section 164 of the Criminal Procedure Code was recorded.
Considering the entire facts, let the petitioner, above named, is directed to be released on bail on
Patna High Court Cr.Misc. No.13278 of 2017 (2) dt.22-03-2017
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furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Amour P.S. Case No. 5 of 2015 to the satisfaction of the Additional Chief Judicial Magistrate, Purnea , or successor Court with the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
SA/-
U √ T √
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a false implication case involving offences under Section 366A/34 of the Indian Penal Code.
Whether the petitioner shall be released on bail by furnishing a bond and sureties.
2 provisions across 2 enactments
Md. Anwar
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
