Considering the petitioner's apprehension of false implication and torture, the court granted bail upon furnishing a bond of Rs. 10,000 and two sureties of equal amount.
Petitioner to be released on bail by furnishing bond of Rs. 10,000 with two sureties of equal amount.
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.57128 of 2019
Arising Out of PS. Case No.-173 Year-2019 Thana- RAXAUL District- East Champaran
======================================================
SANTOSH KUMAR Son of Late Braj Nandan Prasad Resident of VillageBlock Road Raxaul, Police Station- Raxaul, District- East Champaran.
... ... Petitioner/s
Versus
| The State of Bihar | |
|---|---|
| =================== | ... ... Opposite Party/s =================================== |
| Appearance : For the Petitioner/s : For the Opposite Party/s : =================== |
Mr.Anil Kumar Mr.Binod Kumar =================================== |
| CORAM: HONOURABL | E MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER |
5 27-11-2019 Heard learned counsels for the petitioner and the
State.
Petitioner apprehends arrest in connection with Raxaul P.S. Case No. 173 of 2019 registered for the offence punishable under sections 498A, 342, 323, 494 of the Indian Penal Code and Section 12 of the Domestic Violence Act.
Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. Petitioner was being tortured by the informant and his family members, and as such, petitioner has filed Divorce Case No. 451 of 2019 at Raipur. As a matter of fact, the informant wants to grab the properties of this petitioner and
Patna High Court CR. MISC. No.57128 of 2019(5) dt.27-11-2019 2/2
in order to put pressure for that the present false case has been lodged. As a matter of fact, the informant herself is a Teacher and is getting handsome salary. The petitioner several times tried to settle the dispute, but she refused the live with him.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Raxaul P.S. Case No. 173 of 2019 subject to the conditions laid down under section 438(2) Cr.P.C.
(Arvind Srivastava, J)
mcv/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail with a bond to satisfy the Sub Divisional Judicial Magistrate.
1 provisions across 1 enactments
Santosh Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
