High Court granted regular bail to the petitioner in a case involving offences under IPC Sections 376 and 511 after the charge-sheet was filed under Section 354 IPC and no custodial interrogation was required.
Petitioner directed to be released on bail on Rs.10,000 with two sureties before the Chief Judicial Magistrate.
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.47926 of 2015
Arising Out of PS.Case No. -124 Year- 2015 Thana -PAKARIBARAW District- NAWADA ===================================== 1. Madan Manjhi, Son of Late Kisun Manjhi, Resident of Village- Gangti, P.S.- Pakribarawan, District- Nawada. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv. For the Opposite Party/s : Mr. Kalyan Shankar (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 10-11-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State.
This application for grant of regular bail arises out of Pakribrawan P.S. Case No.124 of 2015, disclosing offences under Sections 376 and 511 of the Indian Penal Code.
Learned counsel, appearing on behalf of the petitioner, submits that the police after investigation have submitted charge-sheet under Section 354 of the Indian Penal Code. He further submits that the petitioner is innocent and has been falsely implicated in the present case out of some dispute over drainage.
Considering the fact that the police have
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already submitted charge-sheet under Section 354 of the Indian Penal Code and no custodial interrogation of the petitioner is required, this application is allowed. The petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Pakribrawan P.S. Case No.124 of 2015 .
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 bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.)
Praveen-II/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner who has been charged with offences under Sections 376 and 511 IPC.
3 provisions across 1 enactments
Madan Manjhi
State of Bihar
CHAKRADHARI SHARAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
