This oral order grants anticipatory bail to two petitioners apprehending arrest for alleged offences under Sections 448, 341, 323, 354, 504, 506/34 IPC and 3(i)(x) SC/ST Act, conditioned on surrender and bail bonds.
Released on bail on furnishing bonds of Rs.10,000 each with two sureties if arrested or surrender within 12 weeks from order date.
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Patna High Court Cr.Misc. No.5648 of 2013 (2) dt.08-02-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5648 of 2013
| ====================================================== 1. Dhrup Singh S/o Late Janardan Singh 2. Vikky Singh @ Vikash Kumar Singh, S/o Dhrup Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashwini Kumar Rai, Adv. For the Opposite Party/s : Mr. J.K. Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER |
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| 2. | 08.02.2013 Heard learned counsel for the petitioners and learned APP for the State. |
2. This petition for anticipatory bail has been filed on behalf of the petitioners who apprehend their arrest for the offences alleged under Sections 448, 341, 323, 354, 504, 506/34 of the I.P.C. and 3 (i) (x) of the SC/ST Act.
3. The allegation is that the petitioner no.1 entered into the house of the informant misbehaved with her and abused by using her caste name and also misbehaved with her daughter in law when she came to the rescue. It is alleged that the petitioner no.2 also entered into the house being called by petitioner no.1, who also threatened and abused.
4. Learned counsel for the petitioner submits that the offence under SC/ST Act is under cloud as even according to the FIR the caste name was spoken inside the house. The other provisions of Indian Penal Code except
Patna High Court Cr.Misc. No.5648 of 2013 (2) dt.08-02-2013
Section 448 are bailable.
5. Considering the above facts, in the event of arrest or surrender before the court below within 12 weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Brahmpur P.S. Case No. 306/2012, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
Fahad.
( Vikash Jain, J. )
1 issue framed by the court
Whether to grant anticipatory bail to petitioners apprehending arrest for offences under IPC and SC/ST Act.
1 provisions across 1 enactments
Dhrup Singh S/o Late Janardan Singh
Vikky Singh @ Vikash Kumar Singh
The State Of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
