Petitioners seeking anticipatory bail for alleged offences under IPC Sections 498-A and 506/34. Court found prima facie case also for Section 307 IPC based on informant statement. Bail rejected vacating interim order.
Anticipatory bail rejected; Interim order dated 03.11.2016 vacated.
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ABLAPL No.16337 of 2016
01.12.2016 Heard learned counsel for the petitioners and learned Additional Stand
ing Counsel.
The petitioners are apprehending arrest for the alleged commission of offences
under Sections 498-A and 506/34 of the IPC in G.R. Case No.668 of 2016 of the court of learne
d S.D.J.M., Anandapur, arising out of Anandapur P.S. Case No.161 of 2016.
It is apparent from the statement of the informant recorded under Section 161
of Cr.P.C that the accused persons made and attempt on her life by pouring kerosene on her bod
y and thereafter the complainant ran to the house of ward member of the village. Statement of
the ward member also corroborates to the statement of the complainant in view of the fact that
he has stated the complainant has come to him and made complaint regarding action of the peti
tioners. In that view of the matter, this Court is of the opinion that a prima facie case unde
r Section 307 of the IPC in addition to Sections 498-A and 506/34 of the IPC are made out agai
nst the petitioners.
Keeping in view the aforesaid consideration, maximum sentence prescribed for t
he offence alleged and the larger and greater interest of the State and Society, this Court is
not inclined to grant anticipatory bail to the petitioner. Hence, the ABLAPL is rejected. Int
erim order dated 03.11.2016 stand vacated.
TUDU
3
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest for alleged offences under IPC.
Whether a prima facie case for attempt to murder under Section 307 IPC exists on the evidence.
3 provisions across 2 enactments
The petitioners
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court