The High Court directed the petitioner to surrender and show himself to the Magistrate under Section 88 Cr.P.C. and advised the Magistrate to consider admission to bail without prejudice to the petitioner's anticipatory bail petition.
Petitioner directed to surrender and show himself to the Magistrate for admission to bail under Section 88 Cr.P.C.
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.35270 of 2014
Arising Out of PS.Case No. -1768 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR
| ====================================================== Md. Habibur Rahman, Son of Md. Sajjad, Resident of Kuchai, P.S. Pranpur, District Katihar. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Anil Kumar Singh(App) ====================================================== |
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CORAM: HONOURABLE MR. JUSTICE DHARNIDHAR JHA ORAL ORDER |
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| 2 | 11-02-2015 Heard both sides. |
| Let the petitioner surrender and show to the | |
| Magistrate Section 88 of the Code of Criminal Procedure. The | |
| Magistrate is advised to consider the import and purpose of framing | |
| Section 88 Cr.P.C., which requires admission of a person to bail, if | |
| he has been summoned to appear before a court by a Magistrate of | |
| competent jurisdiction. The Court believes that the Magistrate shall act as per that provision without being prejudiced that the petitioner |
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| had preferred anticipatory bail petition up to the High Court. | |
| The petition stands disposed of with the above noted observations. |
(Dharnidhar Jha, J.)
Sanjay/-
U T
2 issues framed by the court
Whether a Magistrate should admit the petitioner to bail under Section 88 Cr.P.C. when he has already preferred an anticipatory bail petition.
Interpretation of Section 88 Cr.P.C. regarding admission of a person summoned by a competent Magistrate.
1 provisions across 1 enactments
Md. Habibur Rahman
The State of Bihar
Dharnidhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
