Petitioner seeking anticipatory bail in a criminal case alleging assault and injury to an informant and his wife. Court granted bail upon furnishing bond and sureties subject to statutory conditions.
Petitioner released on anticipatory bail on furnishing bond of Rs. 10,000 with two sureties of similar amount, subject to conditions under Section 438(2) Cr.P.C.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24436 of 2015
Arising Out of PS.Case No. -174 Year- 2015 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== 1. Binod Rai son of Bhola Rai Resident of village- Rain Bishuni, P.s. Runnisaidpur, District- Sitamarhi. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Uday Chandra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 01-07-2015 Heard learned counsels for the petitioner and the State. Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 307, 323, 324, 341, 504, 34 of the Indian Penal Code. It is alleged that accused persons including the petitioner assaulted the informant and his wife when it is specifically alleged that co-accused Anek Rai assaulted the informant with iron rod on the back portion of his head as a result of which the informant received serious injury and fell down on the ground. Thereafter accused persons assaulted wife of the informant with fists and slaps and dragged her on the ground by catching hold her hairs.
It is submitted by learned counsel for the petitioner that accusation of assault is not specific against the
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petitioner and only tenderness over left side were found during medical examination of the informant.
A statement has been made in para 3 of the
petition that petitioner has no criminal antecedent.
Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 174 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging assault under the Indian Penal Code.
1 provisions across 1 enactments
Binod Rai
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
