Single judge confirmed a provisional anticipatory bail order for the petitioner in a criminal case alleging offences under Sections 366 and 34 IPC, following a settlement between the parties during pendency.
Confirmation of provisional bail granted on 23.12.2021; petitioner to remain on same bail bonds.
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.12299 of 2021
Arising Out of PS. Case No.-530 Year-2020 Thana- SONEPUR District- Saran
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MANISH KUMAR GUPTA @ CHANDAN KUMAR S/O RAMBABU SAH R/O VILLAGE HAZIPUR KRISHNAPURI COLONY, KONHARA, PS HAZIPUR, DISTRICT VAISHALI
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Awadhesh Kumar Singh For the Opposite Party/s : Mr.APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
4 24-02-2022
Heard Mr. Awadhesh Kumar Singh, learned
Advocate for the petitioner and Mr. Yatindra Narayan, learned counsel for the Opposite Party No. 2. The State is represented by Mr. Mritunjay Kumar Gautam, learned APP.
The petitioner seeks bail in anticipation of his arrest in connection with Sonepur P. S. Case No. 530 of 2020, instituted for the offences under Sections 366 and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.12299 of 2021(4) dt.24-02-2022 2/3
The informant is the brother of the wife of the petitioner who has alleged that his younger sister was taken to market by the petitioner but she was misbehaved with by the petitioner and others.
It was submitted on behalf of the petitioner that the accusation is absolutely false. The petitioner has strained relationship with his wife. In that background, the younger sister of his wife would not have accompanied him to the market place.
It has also been submitted that there is every possibility of the informant falsely accusing the petitioner as one of his sister is married to the petitioner with whom the petitioner did not have good relationship.
Be that as it may, during the pendency of this application, the parties have decided not to prosecute each other any further.
This fact is endorsed by the learned counsel appearing for the Opposite Party No. 2.
Taking into account the afore-stated facts, the provisional bail granted to the petitioner vide order dated
Patna High Court CR. MISC. No.12299 of 2021(4) dt.24-02-2022 3/3
23.12.2021 is, hereby, confirmed. The petitioner shall
remain on the same bail-bonds.
The application stands allowed.
(Ashutosh Kumar, J)
skm/-
U T
2 issues framed by the court
Whether the application for anticipatory bail in a CPC case alleging abortion should be allowed.
Whether the agreed settlement between parties warrants confirmation of provisional bail.
Manish Kumar Gupta @ Chandan Kumar
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
