In an application for regular bail, the Patna High Court allowed the petition in a case involving alleged offences under Sections 376, 417, 493 IPC, noting the prosecution appeared malicious due to marital discord.
Petitioner released on bail upon furnishing bond of Rs. 10,000 with two sureties of similar amount.
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.47461 of 2015
Arising Out of PS.Case No. -347 Year- 2014 Thana -KHAZANIHAT District- PURNIA ====================================================== Sanju Besra @ Sanjay Besra, son of Late Babulal Besra, R/o Village- Woli Tola, P.S.- K. HDistrict- Purnea. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party : Mr. Ram Shankar Das, Spl. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
Learned counsel for the petitioner submits that the prosecution case is malicious and has been instituted because of marital discord between the petitioner and the informant. He submits that admittedly the petitioner and the informant are married and they have begotten children out of the said wedlock. He submits referring to the complaint petition which is the basis of institution of the First Information Report that no offence under Section 376 IPC is made out. The petitioner is in custody since 15.2.2015.
Patna High Court Cr.Misc. No.47461 of 2015 (2) dt.03-11-2015
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In view of the submission as above, this application
is allowed.
Let the petitioner above named, 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 learned Sessions Judge, Purnea in K Hat (Madhubani) PS Case No.347 of 2014.
This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J)
mrl
U T
1 issue framed by the court
Whether to grant regular bail to the petitioner accused in offences under Sections 376, 417, 493 IPC based on the prosecution being malicious arising from marital discord.
1 provisions across 1 enactments
Sanju Besra
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
