Mohan Ram and Ors. v. The State Of Bihar
Case brief
What is this about?
The High Court of Patna rejected the prayer for anticipatory bail filed by four petitioners who alleged the case was a counter-blast. The Court held that specific accusations against the petitioners warranted rejection, and the alleged counter-blast case had a later filing date.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10268 of 2014
====================================================== 1. Mohan Ram , son of Late Pipru Ram, resident of village- Malharia, P.S. Falka ( Pothia), District- Katihar 2. Ravi Kumar, Son of Mithilesh Jha 3. Mithilesh Jha, Son of Late Ramakant Jha 4. Anil Kumar Karn, son of Sudhir Chandra Das Petitioner nos. 2 to 4 are residents of village- Salemapur, P.S. Falka (Pothia), District- Katihar .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ------------------2 19-04-2014 Heard learned counsel for the petitioners and Sri Pradip Narayan Kunwar, learned Addl. Public Prosecutor. Four petitioners, apprehending their arrest in connection with Falka ( Pothia) P.S. Case No.211 of 2013, registered for the offence under Sections 366A, 379 and 34 of the Indian Penal Code, have prayed for grant of anticipatory bail.
It was submitted by learned counsel for the petitioners that this case has been instituted as counter blast to Katihar Mahila P.S. Case No.25 of 2013 registered for the offence under Sections 341, 323 and 504/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, which has been lodged by the wife of the informant of the present case. On this ground, learned counsel for the petitioners has made prayer for grant of
Patna High Court Cr.Misc. No.10268 of 2014 (2) dt.19-04-2014
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anticipatory bail. Katihar Mahila P.S. Case No.25 of 2013 was registered on 17.10. 2013, whereas present case was lodged on 22.09.2013. Accordingly, it may not be treated as counter blast to the case of Katihar Mahila P.S. Case No.25 of 2013.
Issues for consideration
2 issues framed by the court
Whether a bona fide counter-blast argument is sufficient to grant anticipatory bail when specific accusations exist?
Whether the registration dates of two cases make the present a bona fide counter-blast?
Parties & counsel
- petitioner
Mohan Ram
- petitioner
Ravi Kumar
- petitioner
Mithilesh Jha
- petitioner
Anil Kumar Karn
- respondent
The State of Bihar
Case details
As recorded by the court registry
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