This oral order grants anticipatory bail to the petitioner in a case involving sexual offences and theft. The court fixed a bond amount and sureties while the petitioner shall report within 12 weeks.
Anticipatory bail granted; petitioner released on bond of Rs. 10,000 with two sureties of Rs. 10,000 each, conditioned to appear within 12 weeks.
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.65094 of 2018
Arising Out of PS. Case No.-603 Year-2018 Thana- SONEPUR District- Saran
======================================================
Awadh Ray @ Awadh Rai, Son of Harilal Ray@ Sri Hari Ray, Resident of Village- Sabalpur Chaharam, P.S. Sonepur, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Ajit Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 12-12-2018 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 450, 376/511/34, 504, 506 & 379 of the Indian Penal Code.
The prosecution case, as per the written report of Meena Devi submitted to the Station House Officer of Sonepur Police Station is to the effect that the on 25.06.2018 at 12.00 A.M. in Mid-night when the informant was sleeping, in the meantime, all the accused persons including the petitioner came and tried to outrage the modesty of the informant and snatched gold earring and jiutia from the informant.
It is submitted by learned counsel for the petitioner that in the background of litigated relationship between the
Patna High Court Cr.Misc. No.65094 of 2018(2) dt.12-12-2018 2/2
parties, the accusation has been levelled and the family members of the informant were indulged in illegal business of liquor and at the behest of the petitioner a case was lodged against the informant side. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the petitioner is named in the FIR with specific accusation.
Considering the nature of accusation, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, 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-I, Saran at Chapra in connection with Sonepur P.S. Case No. 603 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail given the allegations of sexual offences and the claim of no prior criminal antecedents.
1 provisions across 1 enactments
Awadh Ray
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
