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Dilip Yadav Vs The State Of Bihar — Anticipatory Bail | Patna HC (2014)

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Patna HC
2014
Dilip Yadav Vs The State Of BiharDilip Yadav v. The State Of Bihar

Allowed

Dilip Yadav v. The State Of Bihar

Patna HC20 Mar 2014CR. MISC./50568/2013

Case brief

AI extract

What is this about?

Patna HC allowed petitioner's bail application. Court directed petitioner to surrender below within four weeks to be admitted to bail on Rs. 5,000 bond with two sureties under s. 438(2) Cr.P.C. in a case regarding offences u/s 323, 354 IPC.

What did the court decide?

Petitioner to surrender within four weeks from receipt of copy in lower court and be admitted to bail on furnishing Rs. 5,000 bond with two sureties.

What the court decided

AI extract

Outcome

Petitioner to surrender within four weeks from receipt of copy in lower court and be admitted to bail on furnishing Rs. 5,000 bond with two sureties.

Issue for consideration

Whether the petitioner is eligible for bail in connection with offences u/s 323, 354 IPC after lesser offences were taken cognizance against him. +1 more

Detailed headnote1 paragraphs

Petitioner sought bail apprehending arrest for IPC 376. Court noting cognizance taken only for lesser offences (323, 354 IPC) granted bail. Directs surrender within four weeks upon receipt of order copy to Judicial Magistrate, I Class, Saharsa, on furnishing bond of Rs. 5,000 with two sureties, subject to conditions of s. 438(2) Cr.P.C.

A compact analysis

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.

A

Patna High Court Cr.Misc. No.50568 of 2013 (2) dt.20-03-2014

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50568 of 2013

======================================================

Dilip Yadav, son of Gajendra Yadav, resident of Village- Kanp Tola, Dhanu Bharna, P.S. Sour Bazar, District- Saharsa

.... .... Petitioner

Versus

The State of Bihar

.... .... Opposite Party

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER

2 20-03-2014

Heard learned counsel for the petitioner, the State and the

counsel for the complainant.

Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 376, 323 of the Penal Code. After hearing the complainant on oath the court below has taken cognizance for lesser offences under Sections 323, 354 and other allied Sections of the Penal Code but not for the offence under Section 376 I.P.C.

In the circumstances, let petitioner, named above, surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order in the court below and thereafter be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/-(Five Thousand Only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Saharsa in connection with Complaint Case No.703/12, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Application stands disposed of.

jesh/-

(V.N. Sinha, J)

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner is eligible for bail in connection with offences u/s 323, 354 IPC after lesser offences were taken cognizance against him.
2.
Whether the petitioner can surrender within the specified period and be admitted to bail.

Statutes considered

1 provisions across 1 enactments

AI extract

Cr.P.C.438(2)

Parties & counsel

AI extract

petitioner
Dilip Yadav
respondent
The State of Bihar

Coram

AI extract

V.N. Sinha

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 20 Mar 2014 · March
Registered: 2 Dec 2013
Case no.: CR. MISC./50568/2013
CNR: BRHC010228232013
Topic: Anticipatory Bail
Bench: V.n. Sinha
Disposal: BAIL GRANTED

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Cite this judgement

Dilip Yadav v. The State Of Bihar, CR. MISC./50568/2013 (PAT), decided on 20 March 2014.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Cr.P.C.438(2)

View all statutes

Bench / Coram

V.N. Sinha

Parties & counsel