Anticipatory bail granted to the petitioner in connection with a case involving IPC offences 376, 379, 420, and 506/34, subject to furnishing a bail bond and two sureties.
Petitioner released on bail upon furnishing bond of Rs. 10,000 and two sureties of like 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.9643 of 2019
Arising Out of PS. Case No.-211 Year-2018 Thana- VISHNUPAD District- Gaya
======================================================
RAJESH KUMAR MALI @ RAJESH KUMAR son of Kishore Mali Resident of Village - Mishri Bigha, P.S.- Atri, Distt.- Gaya., Presently residing at Baitarni Talab, P.s.- Vishnupad and Distt.- Gaya.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No2 For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 19-06-2019
Heard learned counsels for the petitioner and the
State.
Petitioner apprehends arrest in connection with Vishnupad P.S. Case No. 211 of 2018 registered for the offence punishable under sections 376, 379, 420, 506/34 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. As a matter of fact victim was residing the house of the petitioner and some money dispute took place, and therefore, the present false case has been lodged. The present first information report has been lodged after one month of the alleged occurrence without there being2019
Patna High Court CR. MISC. No.9643 of 2019(4) dt.19-06-2019 2/2
explanation for the delay. Moreover, the matter has been compromised between the parties as is evident from Annexure-2. Petitioner is a man of clean antecedent.
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 Chief Judicial Magistrate, Gaya in connection with Vishnupad P.S. Case No. 211 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.
(Arvind Srivastava, J)
mcv/-
U T
2 issues framed by the court
Whether the petitioner should be granted anticipatory bail on submission of bail bonds and sureties.
Whether facts surrounding false implication and compromise justify release on bail.
Rajesh Kumar Mali @ Rajesh Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
