Document Fragment View
Fragment Information
Showing contexts for: section 82,83 crpc in Rudal Yadav vs The State Of Bihar on 27 September, 2019Matching Fragments
Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner, as according to him, this petitioner had established physical relationship with the informant on a false pretext by giving an allurement that he will marry her after death of her husband. Learned A.P.P. also submits that though a case was lodged on 04.01.2019 but by now process under Section 82 & 83 Cr.P.C. has been issued, therefore, the prayer for anticipatory bail is not fit to be entertained. The certified copy of the order passed by the court below has been placed before this court to show that the process under Section 82 was issued vide order dated 07.03.2019 and process under Section 83 has been issued on 17.05.2019.
Learned Senior Counsel for the petitioner has, at this stage, submitted before this court that after the case was Patna High Court CR. MISC. No.33342 of 2019(3) dt.27-09-2019 lodged the petitioner was seeking his remedy of anticipatory bail and for that purpose he had filed anticipatory bail application before the court of learned Sessions Judge, Madhubani which was finally heard and disposed off only on 11.04.2019, thereafter he had moved this court and was seeking his remedy in accordance with law, therefore, in such circumstance the proposition that normally after exhaustion of the process under Section 82 & 83 Cr.P.C. prayer for anticipatory bail would not be entertained would not apply in the facts of the present case, as it is not a case that the petitioner has been absconding for several years and has not submitted to the jurisdiction of the court.
Considering the facts and circumstances of the case particularly that the petitioner and the informant happened to be closely related, the informant was well aware that the petitioner is married to her Nanad and then she claims to have treated this petitioner as her husband and entered into physical relationship allegedly for several years as also that it appears that she claims to have given birth to a child out of that relationship and further there are also materials indicating that dispute has arisen between the parties on account of the execution of a sale deed by the mother-in-law of the informant in favour of her grand son in which she has made the wife of this petitioner guardian as also that this petitioner was seeking his remedy by filing anticipatory bail application immediately after the case was lodged and during pendency of the anticipatory bail Patna High Court CR. MISC. No.33342 of 2019(3) dt.27-09-2019 application only the processes under Section 82 & 83 Cr.P.C. have been issued and the learned coordinate Bench has on 23.08.2019 granted interim protection to the petitioner, let the petitioner above-named, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Munsif-cum-Judicial Magistrate - 1st Class, Benipatti, Madhubani, in connection with Arer P.S. Case No. 03 of 2019. subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure. The petitioner shall report to the Investigating Officer within a period of two weeks from today.