An oral order granting anticipatory bail to the petitioner who was not initially named in the FIR but later implicated during investigation in an offence under Sections 302 and 201/34 IPC.
Petitioner released on anticipatory bail on furnishing a bond of Rs. 10,000 with two sureties under Section 438(2) CrPC.
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.39736 of 2015
Arising Out of PS.Case No. -178 Year- 2014 Thana -TARAIYA District- SARAN ====================================================== 1. Arun Kumar @ Arun Mahto son of Chandeshwar Mahto, resident of village- Bahgwatpura, P.S.- Taraiya, District- Saran (Chapra) .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 08-10-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. The accusation is killing the cousin sister of the informant and disposing of the dead body by the F.I.R named accused persons. The petitioner was not named in the F.I.R and his name subsequently sprang up during investigation.
It is submitted by learned counsel for the petitioner that petitioner is agnate of the husband of the victim and F.I.R was neither lodged by the family members of the husband of the victim nor any case has been lodged against the husband or in-laws of the victim and maliciously the agnates of the husband of the victim were implicated in the present case.
Considering accusation being omnibus and
Patna High Court Cr.Misc. No.39736 of 2015 (2) dt.08-10-2015
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general and the husband and in-laws of the victim were not made accused, 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, Saran at Chapra in connection with Taraiya P.S. Case No. 178 of 2014, 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 under the circumstances.
1 provisions across 1 enactments
Arun Kumar @ Arun Mahto
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
