In a bail application regarding an arrest case involving SC/Atrocities and IPC offences arising from a land dispute, the High Court granted pre-arrest bail directly, directing the petitioners to furnish bonds and reply within six weeks.
Directing release on bail upon furnishing bonds of Rs.10,000 each with sureties within six weeks.
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.49542 of 2015
Arising Out of PS.Case No. -169 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA
======================================================
====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Ram Shankar Das, Spl. APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 06-11-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Complaint Case No. 169 of 2015 registered under sections 341, 323 and 504/34 of the Indian Penal Code as well as section 3(1)(iii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
It is contended that the instant case has been instituted due to land dispute for which Title Suit No.319 of 20l3 has been filed by one of the petitioners, namely, Guno @ Geneshwar Sah against the father and uncle of the complainant which is still pending before the court of Civil Judge (Senior Division),
Patna High Court Cr.Misc. No.49542 of 2015 (2) dt.06-11-2015
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Madhepura. In the complaint, it has been alleged that occurrence took place on 9.4.2015 at 05.00 a.m., whereas in the statement of the complainant on solemn affirmation it has been stated that the occurrence took place on 9.4.2015 at 10 a.m. It is further contended that though the alleged occurrence is said to have taken place on 9.4.2015, the complaint was filed on 13.4.2015 without any explanation for the delay caused in filing the complaint.
Learned counsel for the State has opposed the application filed on behalf of the petitioners.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Complaint Case No.169 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J)
Md.S./-
U T
2 issues framed by the court
Whether the petitioners are entitled to pre-arrest bail subject to furnishing bond and sureties within a specified time limit.
Whether the delay in filing the complaint and discrepancies in the incident time warrant rejection of the bail application.
3 provisions across 3 enactments
Chandeshwari Sah Ors.
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
