The Patna High Court granted pre-arrest bail to Smt. Asha Devi in a Section 409 IPC case. The court directed her to surrender within six weeks and furnish a bail bond of Rs. 10,000 with two sureties.
Release on bail upon furnishing bond of Rs.10,000 with two sureties and surrendering 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.13901 of 2016
Arising Out of PS.Case No. -247 Year- 2012 Thana -BISFI District- MADHUBANI ====================================================== 1. Smt. Asha Devi W/o Sri Mushar Paswan resident of Village- Parasauni, P.S.- Bisfi (Patsauna) District- Madhubani. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Dasrath Mehta(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 Bisfi P.S. Case No. 247 of 2012 registered under Section 409 of the Indian Penal Code.
It has been contended that there is no truth behind the allegations made in the FIR. The discrepancy shown in execution of the contract work is imaginary. It is also contended that the petitioner is a lady and has got roots in the society. She is not likely to abscond or tamper with the evidence in case she is granted pre-arrest bail.
Regard being had to the nature of allegation as also other facts and circumstances of the case, in the event of arrest or
Patna High Court Cr.Misc. No.13901 of 2016 (2) dt.01-04-2016
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surrender before the court below within six weeks from today, the petitioner Smt. Asha Devi 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 the learned Judicial Magistrate 1st Class, Benipatti, Madhubani in connection with Bisfi P.S. Case No. 247 of 2012, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J)
Pradeep/-
U T
2 issues framed by the court
Whether to grant pre-arrest bail to the petitioner in a case under Section 409 IPC.
Whether the petitioner is likely to abscond or tamper with evidence if released on bail.
2 provisions across 2 enactments
Asha Devi
State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
