This order rejects a second anticipatory bail application in an IPC murder case, dismissing it as the petitioners failed to present themselves to the court after their earlier bail plea was denied four years ago.
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.44088 of 2015
Arising Out of PS.Case No. -43 Year- 2010 Thana -SAKRI District- MADHUBANI ====================================================== 1. Rajendra Paswan Son of Udish Paswan 2. Rajkumar Paswan son of Udish Paswan Residents of Village Mokrampur, P.s. Sakri, Dist. Madhubani .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar Singh For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 09-12-2015 Heard both sides. This is second attempt of the petitioners’ to seek anticipatory bail in a case registered under Sections 302/34 of Indian Penal Code.
The petitioners are accuseds named therein. Earlier anticipatory bail application was filed on their behalf vide Cr. Misc. no. 45198/2010. Having regard to the allegations and other materials on record, the prayer for anticipatory bail made on their behalf was rejected on 26.03.2011. After expiry of nearly four years, the present application has been filed. It is submitted that the matter is likely to be compromised between the parties.
Mr. Dayal learned A.P.P opposed the prayer and submitted that for four years, after the rejection of prayer for bail,
Patna High Court Cr.Misc. No.44088 of 2015 (2) dt.09-12-2015
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the petitioners refused to submit to the jurisdiction of the Court. They were absconders in the eye of law.
Considering the said submissions of the parties, I am not persuaded to grant the relief. The application is dismissed.
(Kishore Kumar Mandal, J)
Shyam/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners accused under Sections 302/34 IPC who were previously denied bail and refused to submit to court jurisdiction.
Whether the likelihood of compromise between parties warrants granting anticipatory bail despite allegations and prior rejection.
1 provisions across 1 enactments
Rajendra Paswan and Others
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
