In a bail petition, the Patna High Court directed the lower court to accept the petitioners' bail bonds upon their surrender within six weeks, considering their prior grant of bail on merits in the same matter.
Directed the lower court to accept bail bonds on surrender within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18832 of 2013 ====================================================== 1. Balmiki Dharhi S/O Bachchu Dharhi Resident Of Village- Manachak, P.S.- Sarmera, District- Nalanda. 2. Sharwan Dharhi @ Sharwan Kumar S/O Bachchu Dharhi Resident Of Village- Manachak, P.S.- Sarmera, District- Nalanda. 3. Sita Devi W/O Jagat Dharhi Resident Of Village- Manachak, P.S.Sarmera, District- Nalanda. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 15-05-2013 Heard learned counsels for the petitioners and the State. The petitioners being the brothers and second wife of the husband of the complainant are apprehending their arrest in a complaint case in which cognizance has been taken for the offences punishable under Sections 323, 379, 494/34, 498(A), 504 of the Indian Penal Code and ¾ of the D. P. Act. The accusations are of torture for nonfulfillment of dowry demand and performing second marriage.
The petitioners were granted anticipatory
bail by the learned court below on 21.07.2011 but
they could not furnish their bail bonds within
stipulated time when subsequently their prayer was
Patna High Court Cr.Misc. No.18832 of 2013 (2) dt.15-05-2013
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refused by the impugned order.
Considering the fact that the petitioners
were granted anticipatory bail on merits, let the
learned court below accept the bail bonds of the
petitioners on their surrender within a period of
six weeks from the date of receipt of copy of this
order in connection with Complaint Case No. 244(C)
of 2009 pending in the court of the learned
S.D.J.M., Sheikhpura.
With this observation, the application is
disposed off.
Let the order be faxed to the learned court
below at the cost of the petitioners.
U.K./-
(Dinesh Kumar Singh, J)
1 issue framed by the court
Whether the petitioners, who were previously granted anticipatory bail, can be directed to furnish bail bonds after a default in the stipulated time.
2 provisions across 2 enactments
Balmiki Dharhi and Ors.
State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court