Oral order rejecting the petitioner's anticipatory bail in a Section 376 IPC case. Court granted liberty to surrender and seek regular bail, with directions to the lower court to decide such application on the same day.
Liberty granted to surrender and pray for regular bail; lower court to dispose regular bail application on same day of surrender.
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.26783 of 2020
Arising Out of PS. Case No.-18 Year-2020 Thana- RAMPUR District- Gaya
======================================================
PINTU KUMAR S/o Mundrika Yadav Resident of Village-Acchawan, P.S.Dobhi, District-Gaya. ... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Satish Kumar Sinha, Advocate For the Opposite Party/s : Mr.A.G. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
Heard learned counsel for the petitioner and the State.
The petitioner is apprehending arrest in connection with Rampur P.S.Case No. 18 of 2020 registered for the offences under Section 376 IPC.
Considering the totality of the fact situation, the Court is not inclined to grant privilege of anticipatory bail to the petitioner. The prayer for anticipatory bail is, accordingly, rejected.
However, liberty shall be available to the petitioner to surrender and pray for regular bail. In case the petitioner surrenders and prays for regular bail, the court below shall dispose of the application on the same day on its own merit without being prejudiced by refusal to grant anticipatory bail to him by this Court.
(Anil Kumar Upadhyay, J)
spandey/-
U
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with offences under Section 376 IPC?
What liberty should be granted to the petitioner if anticipatory bail is refused?
Pintu Kumar
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
