Allowed

Birbal Ram v. The State of Bihar

Patna HC11 Jan 2021CR. MISC./25909/2020

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioner in a case involving offences under sections 341, 323, 354(B), 504, and 457/34 IPC. The court relied on the ten-day delay in lodging the FIR. A bail bond of Rs. 25,000 with two sureties was required, and the term of bail was made subject to the final outcome of the case.

What did the court decide?

Anticipatory bail granted with bond of Rs. 25,000 and two sureties; bail term ends within four weeks or subject to final outcome of the case.

Birbal Ram Vs The State of Bihar — Quashing and FIR | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25909 of 2020

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Arising Out of PS. Case No.-479 Year-2018 Thana- HARSIDHI District- East Champaran

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

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Birbal Ram Son of Late Dukhi Ram Residence of Village - Kritpur, P.S.Harsidhi, District - East Champaran at Motihari.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Binay Kumar For the Opposite Party/s : Mr.A.G. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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3 11-01-2021

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Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

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Petitioner is apprehending arrest in connection with Harsidhi P.S. Case No. 479 of 2018 arising out of G.R. Case No. 8145 of 2018 for the offence under sections 341, 323, 354(B), 504, 457/34 of the Indian Penal Code.

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Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

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Allegation against this petitioner is that he tried to outrage the modesty of the informant and on the next day his daughter-in-law went to enquire into the matter, the petitioner and his son also attempted to outrage her modesty.

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Learned counsel submits that the petitioner and the informant are co-villagers. The occurrence is dated 9.11.2018

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Patna High Court CR. MISC. No.25909 of 2020(3) dt.11-01-2021 2/2

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whereas FIR was lodged on 19.11.2018 after 10 days delay.

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Considering the delay in lodging the FIR, the Court is

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inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Harsidhi P.S. Case No. 479 of 2018 arising out of G.R. Case No. 8145 of 2018 subject to the condition that the petitioner shall deposit Rs. 25000/- cash to the court below and the amount of Rs. 25000/- deposited by the petitioner shall abide by final outcome of the pending criminal case with further condition as laid down under section 438(2) of the Cr.P.C.

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(Anil Kumar Upadhyay, J)

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Ravi/-

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U T

Birbal Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Birbal Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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