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Patna High Court - Orders

Babul vs The State Of Bihar on 13 November, 2014

Author: Akhilesh Chandra

Bench: Akhilesh Chandra

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.22582 of 2014
                    Arising Out of PS.Case No. -255 Year- 2013 Thana -THAKURGANJ District- KISANGANJ
                 ======================================================
                 Babul, Son of Nofil
                                                                   .... .... Petitioner/s
                                              Versus
                 The State of Bihar
                                                              .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      : Mr. Diwakar Sinha
                 For the Opposite Party/s :  Mr. U. L. Verma (A.P.P.)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
                 ORAL ORDER

4   13-11-2014

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary.

The petitioner, apprehending his arrest in connection with a case registered for the offence punishable under Sections 323, 452, 384, 376, 511 and 504/120B of the Indian Penal Code, is named accused in this case, instituted on basis of Complaint Case No. 1229 of 2013, with allegation of some wrongs committed with the sister of the complainant-informant and subsequently given threatening through cellular phones to her newly wedded husband to divorce her.

Submission is of false implication with ulterior motive and during investigation also the allegation relating to threatening does not find substantiated. Further, petitioner carries no criminal antecedent.

If it is so, considering the facts and circumstances of the case, in the event of his arrest or surrender before the court below Patna High Court Cr.Misc. No.22582 of 2014 (4) dt.13-11-2014 2 within four weeks, let the petitioner abovenamed be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj, in connection with Thakurganj P.S. Case No. 255 of 2013, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

(Akhilesh Chandra, J) Praveen-II/-

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