The single-judge bench of the Patna High Court allowed a bail petition filed by accused persons apprehending arrest in a case of abuse and assault under the SC/ST Act and IPC, imposing strict conditions for grant of bail.
Enlarged on bail of Rs. 10,000 in two sureties with condition to appear physically before the court below for two years.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.10348 of 2014 (3) dt.19-06-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10348 of 2014
Arising Out of PS.Case No. -22 Year- 2013 Thana -SC/ST PS District- DARBHANGA
====================================================== 1. Phool Kant Rai, son of late Nathuni Rai 2. Kanhaiya Rai, son of Phool Kant Rai .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER
3 19-06-2014
Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.
The petitioners, apprehend their arrest in connection with a case registered for the offence punishable under Sections 341, 328, 504 read with 34 of the Indian Penal Code and Section 3(i)(xi) of SC/ST Act, are named accused in this case of abuse and assault.
Submission is of false implication in retaliation of earlier filed complaint case by petitioner no. 1 against witness of the present case and lodging of complaint before the competent authority for non-supply of kerosene oil in spite of shifting of petitioner’s consumership with the shop of the informant, wherein charge-sheet has also been submitted. Further, petitioners carry no criminal antecedent except one case bearing
Patna High Court Cr.Misc. No.10348 of 2014 (3) dt.19-06-2014
Complaint Case No. 2038/2012 wherein they are on bail.
If, it is so , having regard to the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Darbhanga, in connection with SC/ST (Darbhanga) P.S. Case No. 22 of 2013 , subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.
(Akhilesh Chandra, J)
Rajeev/-
U T
2 issues framed by the court
Whether to enlarge the petitioners on anticipatory bail in a case involving abuse and assault under SC/ST Act and IPC.
Whether additional conditions regarding physical presence before the court should be imposed on bail.
3 provisions across 3 enactments
Phool Kant Rai
Kanhaiya Rai
The State of Bihar
Akhilesh Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
