Partly allowed

Bablu and Ors. v. The State Of Bihar

Patna HC15 Jul 2016CR. MISC./25878/2016

Case brief

AI extract

What is this about?

This ordinance grants anticipatory bail to two of three petitioners accused under Section 307 IPC in a family dispute involving assault. The court rejected the prayer for the first petitioner due to the severity of the alleged injury while granting conditional bail to the others pending surrender within four weeks.

What did the court decide?

Anticipatory bail granted to petitioners 2 and 3 subject to conditions; prayer for petitioner 1 rejected.

Bablu and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25878 of 2016

¶2

Arising Out of PS.Case No. -181 Year- 2014 Thana -JOKIHAT District- ARRARIA ====================================================== 1. Bablu S/o Ziabul 2. Akhtar S/o Ziabul 3. Manowar S/o Ziabul All resident of village- Barddenga, P.S. Mahalgaown (Jokihat), District- Araraia. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 15-07-2016 Heard the Counsel for the petitioners and Mr. M. Dayal, APP for the State. Three petitioners have joined hands to file the present application to seek anticipatory bail registered on amongst others Section 307 IPC.

¶3

According to the prosecution case, the maize crop stacked in front of the house of the informant was being removed which was objected whereafter petitioner no. 1 is said to have assaulted the informant with dabia on head. On hulla , the other family members including the father of the informant came at the place of occurrence whereafter the allegation is that other accused persons conjointly assaulted him.

¶4

Contention of the petitioners is that the father of the

¶5

Patna High Court Cr.Misc. No.25878 of 2016 (3) dt.15-07-2016

¶6

2/3

¶7

petitioners received superficial injury. It is a family feud which has resulted in the occurrence.

¶8

Learned APP, on the other hand, submits that the informant received injury closed to neck which is dangerous to life.

¶9

Considering the allegations and the materials available on record, I am not inclined to extend the privilege of anticipatory bail to petitioner no. 1. Prayer is rejected.

¶10

So far as petitioner nos. 2 and 3 namely, Akhtar and Manowar respectively are concerned, in the event of their arrest or surrender in the Court below within four weeks, they are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in Jokihat P.S. Case No. 181 of 2014 (G.R. No. 1642 of 2014) in subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

¶11

(i) One of the bailers shall be the own/close family members of the petitioners.

¶12

(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any

¶13

Patna High Court Cr.Misc. No.25878 of 2016 (3) dt.15-07-2016

¶14

3/3

¶15

cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.

¶16

Pankaj/-
U T

¶17

(Kishore Kumar Mandal, J)

Bablu and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Bablu and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Geeta Devi and Anr. Vs The State Of Bihar and Ors.

Ram Pyare Ram Vs The State Of Bihar and Ors.

Ram Bahadur Singh Vs The State Of Bihar and Ors.

Kunal Krishna Singh Vs The Union Of India and Ors.

Subodh Yadav and Anr. Vs The State Of Bihar

Mahendra Tanti Vs The State Of Bihar and Ors.