In a criminal miscellaneous petition for anticipatory bail concerning an FIR under various sections of the IPC and IT Act, the High Court dismissed the application. The Bench held that perusal of the FIR indicated the case was not suitable for anticipatory bail.
Petition for anticipatory bail dismissed; bail not granted.
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.53760 of 2018
Arising Out of PS. Case No.-33 Year-2018 Thana- MAHILA PS District- Jehanabad
======================================================
Nishant Shekhar, Son of Suyashketu, Resident of Village- Dhangawan, P.S.Jehanabad, District- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Sri Shivendra Prasad For the Opposite Party/s : None ======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2 10-09-2018
Heard Sri Shivendra Prasad, learned counsel for the
petitioner. None appeared on behalf of the State.
The sole petitioner, apprehending his arrest in connection with Jehanabad Mahila P.S. Case No. 33 of 2018, registered for the offence under Sections 341/ 323/ 354(B)/ 506/ 279 / 337 of the Indian Penal Code, 1860 and Section 66B/ 65/72 of the Information Technology Act, 2000, has prayed for grant of bail in the event of his arrest or surrender.
Learned counsel for the petitioner tried to persuade the court that petitioner and informant were earlier having good relation and they were chatting with each other, but subsequently, due to interference of family members, present false complaint was lodged before the Police.
However, on perusal of the F.I.R. and accusation
Patna High Court Cr.Misc. No.53760 of 2018(2) dt.10-09-2018 2/2
made against the petitioner , I am of the opinion that it is not a
case for grant of anticipatory bail.
The petition stands dismissed.
(Rakesh Kumar, J)
praful/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted in apprehension of arrest in PS Case No. 33 of 2018.
Whether the allegations amount to a bona fide case warranting anticipatory bail.
3 provisions across 3 enactments
Nishant Shekhar
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
