In a plea for anticipatory bail under Section 366A IPC, the High Court of Patna granted bail to the petitioner upon surrender, given clean antecedents and a compromise between parties, directing surrender within four weeks.
Petitioner to be released on bail upon surrender within four weeks for Rs. 10,000 with two sureties.
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.69875 of 2018
Arising Out of PS. Case No.-130 Year-2017 Thana- BIKRAMGANJ District- Rohtas
======================================================
Rohit Raj Patel S/o Rajendra Choudhary Resident of Village-Mani,P.S. Bikramganj,Distt.-Rohtas
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar For the Opposite Party/s : Mr.Sri Ram Sevak Choudhary ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
5 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 Bikramganj P.S. Case No. 130 of 2017 for the offence punishable under Sections 366A 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 parties have settled their dispute by way of compromise and a compromise petition has also been filed before the court below which is evident from Annexure-2. Hence, the petitioner may be granted the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the, above named, petitioner in the event of surrender within
Patna High Court CR. MISC. No.69875 of 2018(5) dt.17-06-2019 2/2
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 the learned A.C.J.M., Bikramganj, Rohtas in connection with Bikramganj P.S. Case No. 130 of 2017 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 anticipatory bail is maintainable in a case pertaining to Section 366A IPC where parties have settled the dispute?
1 provisions across 1 enactments
Rohit Raj Patel
The State Of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
