The High Court of Patna disposed of a bail application by granting bail to petitioners apprehending arrest in offences under the IPC and SC/ST (Prevention of Atrocities) Act, subject to a requirement to surrender within six weeks.
Bail granted subject to surrender within six weeks in connection with the pending case.
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.34892 of 2015
Arising Out of PS.Case No. -18 Year- 2015 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== 1. Thakur Singh 2. Lakshman Singh 3. Satrughan Singh All sons of late Prahalad Singh resident of village Panapur, Raghunat, P.S. Desari, District - Vaishali. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 02-09-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under sections 143,341,504,323,324,325,379 and 380 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. It is alleged that petitioner no. 2 Lakshman Singh, assaulted with farsa on the head of the informant whereas petitioner no. 1 Thakur Singh and petitioner no. 3 Shatrughan Singh assaulted with lathi and iron rod causing injury on left hand, thereafter co accused Lakhan Singh, Bigan Singh and others
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assaulted with lathi on leg when Seema Devi came to rescue then co accused Lakhan Singh tore her blouse, assaulted with lathi and petitioner no. 3 took mobile of the informant and petitioner no. 2 snatched five thousand rupees from the pocket of the informant.
It is submitted by the learned counsel for the petitioners that only one injury on the fore head has been found to be lacerated whereas other injury is swelling on fore arm. It is further submitted that for the occurrence of 18.12.2014 the FIR was registered on 17.1.2015 and there is counter version of the occurrence also.
The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Desari P.S. Case No. 18 of 2015 pending in the court of learned CJM, Vaishali at Hajipur.
This application is disposed of with the aforesaid observation/direction.
(Dinesh Kumar Singh, J)
Anil/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioners against apprehension of arrest in offences under IPC and SC/ST (Prevention of Atrocities) Act.
Whether the petitioners should be required to surrender within a specified time period to obtain regular bail.
10 provisions across 3 enactments
Thakur Singh, Lakshman Singh, Satrughan Singh
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
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