The Patna High Court granted bail to Sharavan Kushwaha in connection with Section 364-A IPC case, subject to conditions including residence proof, regular court appearance, and informing the court of address changes.
Release of petitioner on bail with a bond of Rs. 10,000 and two sureties.
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.44397 of 2014
Arising out of PS.Case No. -21 Year- 2002 Thana -PIPRASI DistrictWESTCHAMPARAN (BETTIAH) ====================================================== Sharavan Kushwaha @ Sharvan Kushwaha, son of Ramdhari Kushwaha, R/o Hanumanganj, P.S- Jataha, District Kushinagar (U.P.). .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Arun Kumar Singh 5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 04-02-2015 Heard Mr. Bimlesh Kumar Pandey, learned counsel appearing on behalf of the petitioner and learned counsel for the State.
The petitioner is in custody in connection with Piparasi P.S. Case No.21 of 2002 for the offence punishable under section 364(A) of the Indiana Penal Code.
Mr. Pandey, learned counsel appearing for the petitioner while admitting that the case is quite old, has submitted that since the petitioner had no knowledge about the case that no steps was taken by him and it is only after his arrest on 5.5.2014 that he gathered knowledge about the present case. It is further submitted that the basis on which the allegation has
been set up by the informant in the FIR is not disclosed. He submits that even after return of the victim, no material has
Patna High Court Cr.Misc. No.44397 of 2014 (2) dt.04-02-2015
2
come on record against the petitioner. Learned counsel for the petitioner while admitting to the cases pending against the petitioner as mentioned in paragraph 3 of this application has submitted that in so far as the present case is concerned the involvement is only on suspicion.
Having heard learned counsel for the parties and taking into consideration the circumstances existing, let the petitioner namely, Sharavan Kushwaha @ Sharvan Kushwaha be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Piparasi P.S. Case No.21 of 2002 subject to the following conditions:
Patna High Court Cr.Misc. No.44397 of 2014 (2) dt.04-02-2015
3
him into custody.
(Jyoti Saran, J)
U T
1 issue framed by the court
Whether the petitioner should be released on bail pending investigation in a case punishable under section 364-A of the IPC.
1 provisions across 1 enactments
Sharavan Kushwaha @ Sharvan Kushwaha
The State of Bihar
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
