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Patna High Court - Orders

Abhishek Kumar @ Abhishek @ Ganesh Kumar vs The State Of Bihar on 31 October, 2017

Author: Arvind Srivastava

Bench: Arvind Srivastava

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.42587 of 2017
                   Arising Out of PS.Case No. -14 Year- 2017 Thana -PATNA CITY CHOWK District- PATNA
                 ======================================================
                 ABHISHEK KUMAR @ ABHISHEK @ GANESH KUMAR Son of Late
                 Shankar Prasad @ Shankar Sah Resident of Village Kaliasthan, Govindpur,
                 P.S. - Fatuha, District - Patna at present IV Grade Employee, Irrigation
                 Department, Sone Command, P.S. - Dehri-on-Sone, District - Rohtas
                 (Bihar).

                                                                               .... ....   Petitioner/s
                                                       Versus
                 The State of Bihar.

                                                             .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Rakesh Kumar
                 For the Opposite Party/s : Mr. Ajay Kumar -2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
                 ORAL ORDER

4   31-10-2017

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends arrest in connection with Chowk P.S. Case No. 14 of 2017 registered under Sections 376, 354C and 354D of the Indian Penal Code and section 67/72 of the I.T. Act.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. itself that the petitioner has falsely been implicated in this case and the same is lodged after two years of the alleged occurrence. Further submission is that the statement of the victim has also been recorded under section 164 Cr. P.C. after delay of three months, in Patna High Court Cr.Misc. No.42587 of 2017 (4) dt.31-10-2017 2/2 which she gives variable statements.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the J.M., 1st Class, Patna City, Patna in connection with Chowk P.S. Case No. 14 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/-

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