The High Court of Patna granted anticipatory bail to two petitioners facing charges in a private complaint involving assault and hurt. The court observed the injury was simple and noted no criminal antecedents for the petitioners.
Released on anticipatory bail with a bond of 10,000 each and two sureties, to be surrendered within 12 weeks.
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.38848 of 2015
Arising Out of PS.Case No. -105 Year- 2015 Thana -SAHKUND District- BHAGALPUR ====================================================== 1. Rambha Devi W/o Ramfal Yadav @ Ramph Lal Yadav 2. Ravi Kumar son of Ramfal Yadav @ Ramph Lal Yadav Both are Resident of Village- Jamalpur, P.S. Shahkund, District- Bhagalpur. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Dr.Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 14-10-2015 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.
The prosecution case is that in the background of land dispute, the petitioners abused and assaulted the informant.
It is submitted by learned counsel for the petitioners that the petitioners are the agnates of the informant and in the background of land dispute, the accusation has been levelled. For the occurrence of 24.06.2015 the FIR was lodged on 25.06.2015 which reached to the court of learned Judicial Magistrate on 27.06.2015 which suggests that by antedating the FIR has been
registered. It is further submitted that injury has been found to be
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simple in nature. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of ` 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Bhagalpur in connection with Sahkund P.S. Case No. 105 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J)
Amrendra/U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioners apprehending arrest in an FIR lodged for offences under IPC Sections 341, 323, 307, 504, and 506.
1 provisions across 1 enactments
Rambha Devi W/o Ramfal Yadav @ Ramph Lal Yadav
Ravi Kumar son of Ramfal Yadav @ Ramph Lal Yadav
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
