In a criminal bail petition, the Patna High Court granted release on bail to the petitioner accused of rape by custodial exception, directing him to furnish bonds and sureties to the Judicial Magistrate.
Released on bail on furnishing bonds of Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44211 of 2018
Arising Out of PS.Case No. -28 Year- 2018 Thana -FULKAHA District- ARRARIA
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.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. U.L. Verma, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 02-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 11.05.2018 in connection with Fulkaha P.S. Case No. 28/18 registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the victim girl, on her recovery, has stated under Section 164 of the Cr. P.C. that she was having love affair with one Mahesh Razak and not the present petitioner Manish Razak. It is, thus, submitted that the petitioner may be extended the privilege of bail.
Having heard learned counsel for the petitioner and after perusing of the materials on record and that the main
Patna High Court Cr.Misc. No.44211 of 2018 (2) dt.02-08-2018
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allegation is against Mahesh Razak, let the petitioner above named, 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 the learned Judicial Magistrate, 1st Class, Araria, in connection with Fulkaha P.S. Case No. 28/18.
(Anjana Mishra, J)
Saif/-
U T
1 issue framed by the court
Whether the petitioner accused under Sections 366(A)/34 IPC for love affair with a victim girl be granted bail.
Manish Razak
State of Bihar
ANJANA MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
