Allowed
Gopal Krishna Rai and Ors. v. State of Bihar
Patna HCCR. MISC./9287/2009
Case brief
from the order text
What is this about?
HIGH COURT OF JUDICATURE AT PATNA Cr.Misc.…
What the court decided
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.9287 of 2009
All are sons of Gopal Krishan Rai and are residents of Mohalla –Laheriaganj ward no.3, Madhubani, P.S.Town(Madhubani),District-Madhubani-------------------------------------------------------------------------------------------Petitioners.
Versus
STATE OF BIHAR
Enmity was there in between both the families and for that
only, according to the learned counsel for the petitioners, they have
been made accused in a case with super-added allegation for the
offence under section 380 of the Indian Penal Code, the only non-
bailable offence basing which petitioners arrest at the moment cannot be justified.
I agree with the submission of the learned counsel.
Accordingly, in the event of arrest or surrender within one
month from today in Madhubani Town P.S. case no.377 of 2007, the
above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure.
Sudip
( Mandhata Singh, J )
1 issue framed by the court
Whether arrest of petitioners under a non-bailable offence is justified considering family enmity.
2 provisions across 2 enactments
Gopal Krishna Rai and others
State of Bihar
Mandhata Singh
As recorded by the court registry
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