Single-judge oral order granting bail to three petitioners apprehending arrest in Sangrampur police station case involving assault and theft allegations under sections 307 and 379 IPC.
Bail granted for four weeks on bond of Rs. 10,000/- each with two sureties, conditional on personal appearance.
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.31055 of 2016
Arising Out of PS.Case No. -182 Year- 2015 Thana –SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) 1. Anita Devi, Wife of Ram Dayal Mishra, 2. Priyanka Kumari, D/o Ram Dayal Mishra. 3. Pankaj Kumar @ Pankaj Mishra @ Pankaj Kumar @ Mishra, Son of Ram Dayal Mishra. All residents of Village- Uttari Madhubani, P.SSangrampur, District- Motihari, East Champaran. …. …. Petitioner/s Versus The State of Bihar …. …. Opposite Party/s Appearance : For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 16-08-2016 Heard the counsel for the petitioners and the State. The petitioners apprehend their arrest in Sangrampur P.S. Case No. 182 of 2015 registered under sections 307 and 379 IPC. The allegation is that the accused persons entered into the house of the informant, abused and the co accused Ram Dayal Mishra assaulted the informant with Moongri on the abdomen as well as the head. Thereafter, the accused persons also committed theft of the articles kept in the house.
The contention of the petitioners is that the allegation of assaulting the informant is attributed to the father of petitioner nos. 2 and 3 and husband of petitioner no.1. Upon investigation, they were not even sent up for trial. The court has now taken
Patna High Court Cr.Misc. No.31055 of 2016 (2) dt.16-08-2016
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cognizance. Hence the apprehension.
Considering the facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- each, with two sureties of the like amount each to the satisfaction of ACJM 14 Motihari, East Champaran in Sangrampur P.S. Case No. 182 of 2015 on condition that one of the bailors of each of the petitioners shall be their own/close family members. They shall appear in person on each date fixed at the trial. In case they skip the appearance on two dates consecutively, their bail bonds shall be cancelled.
(Kishore Kumar Mandal, J)
HR/-
U
1 issue framed by the court
Whether bail should be granted to the petitioners facing arrest apprehension in PS Case No. 182 of 2015 under sections 307 and 379 IPC.
2 provisions across 2 enactments
Anita Devi
Priyanka Kumari
Pankaj Kumar
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
