The Patna High Court granted anticipatory bail to the petitioner who faced arrest in an assault case involving alleged termination of pregnancy, subject to conditions and surrender within six weeks.
Anticipatory bail granted subject to conditions of surrender within six weeks and furnishing bail bonds with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.53095 of 2018
Arising Out of PS.Case No. -69 Year- 2018 Thana -PAKRIDAYAL District- EASTCHAMPARAN (MOTIHARI)
======================================================
.... .... Petitioner/s
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 344, 323, 313, 315, 493, 498/34 of the Indian Penal Code.
The prosecution case, in brief, is that the petitioner assaulted the informant on abdomen by fist and slaps, as a result of which, her pregnancy was terminated.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in this case. There is no medical examination report with respect to the offence u/S 313 & 315 of
Patna High Court Cr.Misc. No.53095 of 2018 (2) dt.20-09-2018
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the Indian Penal Code. Rest of the offences are triable by Magistrate. The other co-accused has been granted anticipatory bail by a coordinate bench of this Court vide order dated 11-092018 passed in Cr. Misc. No. 52682 of 2018.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Vth, Motihari, East Champaran in connection with Pakridayal P.S. Case No. 69 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
A.K.V./U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in a criminal case alleging assault and termination of pregnancy.
1 provisions across 1 enactments
Ram Janam Bhagat
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
