In an anticipatory bail plea under Sections 302/34 IPC, the Patna High Court granted bail requiring the petitioners to surrender within four weeks and ensure physical presence for two years.
Bail was enlarged on sponsoring Rs. 10,000 each with two sureties and undertaking presence 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6359 of 2014
Arising out of P. S.Case No. - 66 Year - 2013 Thana - PAHARPUR District - EASTCHAMPARAN (MOTIHARI)
4 17-06-2014 Heard learned counsel for the petitioners 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 302/34 of the Indian Penal Code, are named accused in this case arising out of death of informant’s mother.
Submission is of false implication, delayed institution of the case and there are three statements two of which are of informant himself and none of these three materially corroborate each other.
Further, petitioners carry no criminal antecedents .
If, it is so , having regard to the facts and circumstances of the case, in the event of their arrest/surrender before the Court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran /concerned Court in connection with Paharpur P.S. Case No. 66 of 2013 , subject to
Patna High Court Cr.Misc. No.6359 of 2014 (4) dt.17-06-2014
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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)
Kundan/-
U T
1 issue framed by the court
Whether the petitioners, facing false implication and with no prior criminal record, should be granted bail.
2 provisions across 2 enactments
Pramod Sah and Subodh Sah
The State of Bihar
Akhilesh Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
