Allowed

Rakesh Kumar Gautam v. The State of Bihar

Patna HC7 Oct 2021CR. MISC./14800/2021

Case brief

AI extract

What is this about?

The Patna High Court allowed the petitioner's bail application in a criminal case involving allegations under IPC and DP Act. The court ordered release on bail bonds of Rs. 10,000 with two sureties subject to specific conditions regarding surety relationship and court attendance.

What did the court decide?

Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of like amount, subject to conditions regarding surety relation and attendance.

Rakesh Kumar Gautam Vs The State of Bihar — Cheque Dishonour | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14800 of 2021

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Arising Out of PS. Case No.-98 Year-2020 Thana- HATHIDAH District- Patna

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======================================================

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RAKESH KUMAR GAUTAM S/o Haridwar Sharma R/o Village- Bidhipur, P.S.- Salimpur, District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ratanakar Jha, Adv For the Opposite Party/s : Mr. Anil Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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7 07-10-2021

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Heard learned counsel for the petitioner and learned APP for the State.

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This Court would expect that the petitioner’s Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

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Petitioner seeks bail in connection with Hathidah P.S. Case No. 98 of 2020 registered under Sections 341, 323, 354(B),(C), 498(A), 376, 511 and 506 of the Indian Penal Code and Section 3 and 4 of D.P. Act.

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This is the second case against the petitioner under Section 498A IPC as per allegations. Counsel for the petitioner submits that the earlier case was compromised between the parties. The informant has lodged the second case under Section

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Patna High Court CR. MISC. No.14800 of 2021(7) dt.07-10-2021 2/3

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498A IPC to gain undue advantage in the divorce proceedings. The petitioner is a constable and on account of his false implication his service career is also jeopardised. He is stated to be in custody since 24.11.2020.

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Learned APP has opposed the prayer for bail. Counsel for the informant has not appeared.

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Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner’s counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named 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 learned A.D.J. 1, Barh in Hathidah P.S. Case No. 98 of 2020, subject to the following conditions:-

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(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

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(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his

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Patna High Court CR. MISC. No.14800 of 2021(7) dt.07-10-2021 3/3

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bail bond will be liable to be cancelled.

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(Madhuresh Prasad, J)

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SUMIT/-

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U T

Rakesh Kumar Gautam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Gautam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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