High Court at Patna granted bail to petitioners apprehending arrest in a criminal case involving assault and injury, set a timeline for arrest or surrender, and fixed bond conditions under CrPC Section 438(2).
Released on bail by furnishing bond of Rs.5000 each with two sureties of similar amount within fixation of CJM, Sitamarhi.
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.49979 of 2015
| Arising Out of PS.Case No. -140 Yea ======================== 1. Bina Devi, w/o Jagdish Sah, 2. Ratnesh Sah, son of Late Lak Both Residents of Village - B The State of Bihar ======================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. For the Informant : Mr. ======================== CORAM: HONOURABLE PRATAP SINGH ORAL ORDER |
r- 2015 Thana -NANHPUR District- SITAMARHI ============================== han Sah, haaur, P.S. - Nanpur, District - Sitamarhi. .... .... Petitioners Versus .... .... Opposite Party ============================== Manish Chandra Gandhi, Advocate Sangita Sharma (App) Pushpendra Kumar Singh, Advocate ============================== MR. JUSTICE SAMARENDRA |
|---|---|
| 2 17-12-2015 Heard learned State. |
counsel for the petitioners and the |
The petitioners apprehend their arrest in a case under Sections 147, 148, 149, 341, 323, 325, 307 and 504 of the Indian Penal Code to which Section 302 of the Indian Penal Code has been added on death of Janak Dulari Devi, the mother of the informant.
The informant Upendra Yadav alleged that Ram Chandra Yadav, petitioner no.1 Bina Devi and petitioner no.2 Ratnesh Sah assaulted his mother, who has become grievously injured. He further stated that one Jagdish Sah assaulted him with the rod on his head.
It appears that the mother of the informant died
Patna High Court Cr.Misc. No.49979 of 2015 (2) dt.17-12-2015
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shortly.
The petitioners submit that the police in course of investigation found that in fact the informant Upendra Sah is behind the death of his mother, as such an F.I.R. was instituted by the police against him. The petitioners further submit that there is a case and counter case.
In the circumstances, in the event of arrest or surrender before the court below within four weeks from today the above named petitioners be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Nanpur P.S. Case no. 140 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Samarendra Pratap Singh, J.)
Uday/U T
1 issue framed by the court
Whether petitioners can be released on bail in a case involving serious offences under various sections of the Indian Penal Code pending investigation.
1 provisions across 1 enactments
Bina Devi
Ratnesh Sah
Samarendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
