This court granted bail to petitioners previously charged with rape but subsequently charged with offences under IPC sections 341, 323, 447, and 354/34.
Petitioners released on bail on furnishing bonds of Rs 10,000/- each with two sureties of the like amount each.
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.13589 of 2015 (2) dt.20-05-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13589 of 2015
Arising Out of PS.Case No. -2 Year- 2015 Thana -SIMRI BAKHTIARPUR District- SAHARSA ====================================================== 1. Dhiro Yadav Son of Suresh Yadav resident of village - Karua, P.S. Bakhtiyarpur ( O.P. Balwa Hat ), District - Saharsa 2. Niro Yadav @ Niraj Yadav Son of Bhola Yadav resident of village - Mohaniya, P.S. Bakhtiyarpur ( O.P. Balwa Hat ), District - Saharsa .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jyoti Prabhakar For the Opposite Party/s Mr. Pramod Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 20.05.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Although petitioners are named in the first information report with specific allegation of rape but after investigation, police submitted charge sheet for the offences punishable under sections 341, 323, 447, 354/34 of the Indian Penal Code and furthermore, petitioners are languishing in jail custody since 5.1.2015. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in Bakhtiyarpur P.S. Case no. 02/2015. shahid (Hemant Kumar Srivastava,J) U T
1 issue framed by the court
Whether the petitioners named in the FIR with rape allegations should be released on bail after police filed a charge sheet for lesser offences.
1 provisions across 1 enactments
Dhiro Yadav and Niro Yadav
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
