Court granted bail to petitioner apprehending arrest under Section 366 IPC, setting bail conditions and sureties to satisfy the Court below within four weeks.
Petitioner released on bail; to furnish bond of Rs. 10,000 with two sureties of like amount to CJM, Vaishali within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23079 of 2019
Arising Out of PS. Case No.-250 Year-2008 Thana- VAISHALI District- Vaishali
======================================================
AVINASH DUBEY Son of Ramakant Dubey Resident of village- Nawada, P.S.- Vaishali, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Sinha For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
2 17-07-2019
Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Vaishali P.S. Case No. 250 of 2008 registered under Section 366 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that petitioner has got no criminal antecedent. He is innocent and has falsely been implicated in the present case. Further submission is that on perusal of the statement of the victim recorded under section 164 Cr. P.C., it appears that the victim, married lady, aged about 23 years, lives with the petitioner according to her consent in Delhi and Muzaffarpur. During that period, i.e. for near about one year, she did not raise any complain against the petitioner while going to either Delhi
Patna High Court CR. MISC. No.23079 of 2019(2) dt.17-07-2019 2/2
or Muzaffarpur.
Having considered the above facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Vaishali at Hajipur in connection with Vaishali P.S. Case No. 250 of 2008, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Arvind Srivastava, J)
shailendra/-
U T
1 issue framed by the court
Whether the petitioner be granted bail in the event of arrest or surrender under Section 438 of Cr.P.C.
1 provisions across 1 enactments
Avinash Dubey
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
