Petitioner sought bail in a case for offences under Sections 353, 352, 504, and 427/34 of the I.P.C. The court allowed the application, finding the offence under Section 353 incomplete as no force was used, and granted bail on furnishing a bond.
Bail granted on furnishing a bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5394 of 2014
Sri Ram Choubey ... ... Petitioner Versus The State of Jharkhand .. Opposite Party
CORAM: HON’BLE MR. JUSTICE PRASHANT KUMAR
------ For the Petitioner: Mr. P.C. Tripathi, Sr. Adv. For the Opp. Party: Mr. P.K. Jaiswal, A.P.P. ------
2/03.09.2014
Bail application filed by petitioner Sri Ram Choubey is moved by Sri P.C. Tripathi, learned senior counsel for the petitioner and opposed by Sri P.K. Jaiswal, learned Additional P.P. for the State.
This is a case under Sections 353, 352, 504, 427/34 of I.P.C. All the offences, except offence under Section 353 of I.P.C., are bailable. From perusal of F.I.R., I find that in fact petitioner has not used force rather he attempted to use force against the Deputy Commissioner. Thus, offence under Section 353 of I.P.C. is not complete.
Considering the aforesaid facts and circumstance, I allow this application and direct the court below to enlarge the petitioner, above named, on bail on his furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Latehar in connection with Latehar P.S. Case No. 103 of 2014, corresponding to G.R. No. 399 of 2014.
(Prashant Kumar, J.)
Sudhir
1 issue framed by the court
Whether bail ought to be granted to the petitioner in a case under Sections 353, 352, 504, 427/34 of I.P.C.
1 provisions across 1 enactments
Sri Ram Choubey
The State of Jharkhand
Prashant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
