The Patna High Court granted pre-arrest bail to the petitioner in a criminal case involving alleged assault and outrage of modesty. The order required surrender within six weeks and furnishing a bail bond with two sureties.
Petitioner directed to surrender within six weeks and released on bail on bond of Rs.10,000 with two sureties of like 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.51763 of 2015
Arising Out of PS.Case No. -351 Year- 2015 Thana -BARH District- PATNA ====================================================== Munna Rajak, aged about 35 year, S/o Rajendra Rajak, Resident of Mohalla- Salempur Ward No-12, Police Station- Barh, District- Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Verma, Advocate For the Opposite Party/s : Mr. Zainul Abedin , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Barh P. S. Case No. 351 of 2015 registered under Sections 342, 323, 354 and 447 of the Indian Penal Code.
It is contended that the instant case has been registered with ulterior motive to oust the petitioner from the ancestral house. Prior to this case, the father of the petitioner had filed an informatory petition in the Court of ACJM, Barh vide Informatory Petition No. 274(M) of 2011 stating therein that Guria had threatened to vacate the house, otherwise the petitioner would be involved in false cases. It is further contended that apart from the offence under Section 384 of the Indian Penal Code, all other
Patna High Court Cr.Misc. No.51763 of 2015 (2) dt.09-11-2015
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Sections are bailable in nature and offence under Section 354 of the Indian Penal Code would not be made as the alleged victim is none else but the cousin sister of the petitioner.
Learned counsel for the State has opposed the application filed on behalf of the petitioner.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above 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 Additional Chief Judicial Magistrate, Barh, Patna in Barh P. S. Case No. 351 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J.)
Kanchan/-
U T
1 issue framed by the court
Whether to grant pre-arrest bail to the petitioner in connection with offences under Sections 342, 323, 354 and 447 of the IPC.
2 provisions across 2 enactments
Munna Rajak
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
