CJM controlled application for modification of provisional anticipatory bail granted in 2011; Court declined to consider extension citing age"
High Court asked lower court to consider prayer for regular bail.
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.24291 of 2015
| ====================================================== Suman Kumar, Son of Mahendra Narayan Sah, resident of village– Mohania 40 Addi Nahar, Police Station–Banmankhi, District–Purnea. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Dasrath Mehta (App) ====================================================== |
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER |
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| 02/ | 01-07-2015 The present application has been filed for |
| modification of order dated 07.04.2011 passed in Cr. Misc. No. 8899 of 2011, whereby the petitioner was granted provisional anticipatory bail for three months in connection with Kadwa P.S. |
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| Case No. 214 of 2010 registered under Sections 363 and 366A of the Indian Penal Code, pending in the court of learned CJM, Katihar on the ground that the victim has already married with the petitioner and the informant has retracted from the initial version. The provisional bail was to be confirmed by the learned court below on production of the victim before the learned court below and if she admits that she is major and she voluntarily married with the petitioner. |
The modification of the said order has been sought for on the ground that the in-laws did not allow the
Patna High Court Cr.Misc. No.24291 of 2015 (02) dt.01-07-2015
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petitioner to enter into the in-laws house, hence, the period of surrender may be extended.
Considering the fact that the provisional bail
was granted in 2011, this Court is not inclined to entertain this modification application.
Accordingly, this modification application is
disposed of.
Let the learned court below consider the
prayer for regular bail of the petitioner.
(Dinesh Kumar Singh, J)
DKS/-
U T
2 issues framed by the court
Whether to extendl pilotary bail granted in 2011 in a POCSO matter.
Whether to grant regular bail pending investigation.
Suman Kumar
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
