The High Court of Patna granted the petitioner direction to apply for regular bail in a case involving offences under SC/ST (Prevention of Atrocities Act) and IPC, conditional on his surrender within six weeks.
Petitioner directed to apply for regular bail if he surrenders within six weeks of receipt of the order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1127 of 2013
====================================================== Sanjay Ram S/O Laxman Ram Resident Of Village- Eitwarpur Sisaula, Police Station- Lalganj, District- Vaishali. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 25-04-2013 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34, 323, 325, 341 of the Indian Penal Code and 3(1)(ii) (iii) and (v) of the SC/ST (Prevention of Atrocities Act). It is alleged that the informant came to know from her brother-in-law (Dewar) that her husband was assaulted by the petitioner and others when the husband of the informant succumbed to injury. It is submitted by learned counsel for the petitioner that the statement of the informant’ brother-in-law (Dewar) has been recorded in paragraph no. 17 of the case diary where he stated that assault was not made by the petitioner to the
Patna High Court Cr.Misc. No.1127 of 2013 (4) dt.25-04-2013
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victim rather he stated that the petitioner was
sitting at the place of occurrence and seeing
occurrence when assault was made to the victim by
Pappu and Anshu.
Considering the fact that other accused
Ramesh Mahto and other have been granted regular
bail by this Court, this Court sees no reason for
the learned court below not to consider the regular
bail of the petitioner if he surrenders within a
period of six weeks from the date of receipt of copy
of this order in connection with Lalganj P.S. Case
No. 89 of 2012 pending in the court of the learned
C.J.M. Vaishali at Hajipur.
With this observation, the application is
disposed off.
Let the order be faxed to the learned court
below at the cost of the parties.
U.K./-
(Dinesh Kumar Singh, J)
2 issues framed by the court
Whether the petitioner is entitled to be granted bail in a case involving offences under SC/ST (Prevention of Atrocities Act) if he surrenders within a specified period.
Whether the regular bail of other co-accused warrants considering bail for the petitioner in similar circumstances.
Sanjay Ram
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court