Court granted pre-arrest bail to the petitioner subject to arrest or surrender within four weeks and furnishing a bail bond with two sureties, imposing conditions under Section 438(2) CrPC.
Directed release on bail upon arrest or surrender within four weeks, subject to furnishing bond of Rs.10,000 with two sureties under Section 438(2) CrPC.
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.13891 of 2016
Arising Out of PS.Case No. -170 Year- 2015 Thana -NAWADA MUFFASIL District- NAWADA
====================================================== Ashok Kumar, Son of Jodhi Chauhan, Resident of Village- Suphal Bigha, P.S.- Mufassil, District- Nawada. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 01-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Mufassil P. S. Case No. 170 of 2015 registered under Sections 341, 447, 323, 307, 379 and 504/34 of the Indian Penal Code.
It is contended that all sections except sections 307 and 379 of the Indian Penal Code are bailable in nature. Though it is alleged that the petitioner had repeatedly assaulted the victim Asha Devi with iron rod, but she could sustain only one simple injury. It is further contended that the informant is the neighbour of the petitioner and there was a long standing enmity between the parties. It is also contended that two co-
Patna High Court Cr.Misc. No.13891 of 2016 (2) dt.01-04-2016
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accused persons, namely, Jodhi Chauhan and Bhatni Devi have already been granted bail by a co-ordinate Bench of this court vide order dated 11.12.2015 passed in Cr. Misc. No. 50127 of 2015.
Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to 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 four 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 Chief Judicial Magistrate, Nawada in Mufassil P. S. Case No. 170 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 the petitioner should be granted pre-arrest bail conditioned on arrest or surrender within four weeks.
1 provisions across 1 enactments
Ashok Kumar
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
