The Patna High Court granted pre-arrest bail to Kishore Rai in a dowry-related case where other accused had already been granted bail. The order was issued on the grounds that the informant had compromised the case and accepted the petitioner's innocence.
Bail granted on bond of Rs. 10,000 with two sureties within one month of arrest or surrender.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27195 of 2014
Arising Out of PS.Case No. -92 Year- 2012 Thana -ISUAPUR District- SARAN
====================================================== Kishore Rai .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 02-07-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks pre-arrest bail in a case registered under Sections 120(B), 304(B)/34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.
At the very out set it has been submitted that in this case all the other accused persons have already been allowed prearrest bail, vide order dated 14/11/2013 in Cr. Misc. No.27942 of 2013. The petitioner is the husband and on that ground the prayer for bail of the petitioner has been rejected by the court below though the informant after knowing the real fact has compromised the case and filed a petition vide Annexure 2 showing the innocence of the petitioner to which learned A.P.P. does not controvert.
Patna High Court Cr.Misc. No.27195 of 2014 (2) dt.02-07-2014
2
In the facts and circumstances, as stated above, in the event of arrest or surrender in the court below, within one month, the petitioner, Kishore Rai, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra, in Isuapur P.S.Case No. 92/2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Jitendra Mohan Sharma, J)
singh/-
U
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail despite initial refusal by the lower court.
Does the compromise of the case by the informant influence the bail decision.
3 provisions across 3 enactments
Kishore Rai
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
