The Patna High Court granted anticipatory bail to the petitioner in a Section 376 IPC case, directing his surrender within four weeks. Bail was conditioned on a bond of Rs. 10,000 and two sureties under Section 438 Cr.P.C.
Bail granted subject to surrender within four weeks, furnishing a bail bond of Rs. 10,000 and two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16728 of 2019
Arising Out of PS. Case No.-509 Year-2018 Thana- KAHALGAON District- Bhagalpur
======================================================
GAUTAM KUMAR Son of Sri Shiv Narayan Mandal @ Shiv Narayan Singh R/o village- Ward No. 1, Saitpura Kulkuliya, P.S- Kahalgaon, DistrictBhagalpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pranav Kumar Jha For the Opposite Party/s : Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 17-06-2019
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Kahalgaon P.S. Case No. 509 of 2018 for the offence punishable under Sections 376 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the F.I.R. has been lodged after lapse of 2½ years from the date of occurrence without explaining the plausible delay. Moreover the age of the victim girl has been assessed as 20 years and she is major. Hence, the petitioner may be granted the privilege of anticipatory bail.
Patna High Court CR. MISC. No.16728 of 2019(4) dt.17-06-2019 2/2
Considering the facts and circumstances of the case, let the, above named, petitioner in the event of surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Kahalgaon P.S. Case No. 509 of 2018 subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Arvind Srivastava, J)
brajesh/-
U T
1 issue framed by the court
Whether the petitioner can be granted anticipatory bail in connection with a case under Section 376 of the Indian Penal Code.
1 provisions across 1 enactments
Gautam Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
