Single judge order granting anticipatory bail to petitioner in a case involving assault and molestation allegations, releasing him on bond conditions under Section 438 CrPC.
Petitioner allowed anticipatory bail with bond of Rs. 10,000 and two sureties, subject to conditions of appearance and cancellation after consecutive defaults.
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.40671 of 2016
Arising Out of PS.Case No. -49 Year- 2016 Thana -JHAJHA District- JAMUI
======================================================
1. Mahesh Sao S/o Kedar Sao R/o Village- Nariyana, P.S.-Khaira, District-
Jamui
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niranjan Parihar
For the Opposite Party/s : Mr. Sri Manish Kumar 2
======================================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
2 22-09-2016 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises
out of Jhanjha P.S. Case No. 49 of 2016, disclosing offences
under Sections 341, 323, 307 and 354(A)/34 of the Indian Penal
Code.
From the First Information Report, it appears that the
informant and the petitioner are agnates and neighbours.
Allegedly, the accused persons came near the house of the
informant and started abusing him and on pretest having been
raised, they assaulted him with dagger. On alarm having been
raised by the informant, his brothers came to his rescue, but
they were also assaulted with dagger etc.
Patna High Court Cr.Misc. No.40671 of 2016 (2) dt.22-09-2016
2/2
Learned counsel, appearing on behalf of the petitioner, has submitted that the injuries have been found to be simple in nature, which falsifies the allegation made in the First Information Report.
Considering the above submission, this application is allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, 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 Sub-Divisional Judicial Magistrate, Jamui, in connection with Jhajha P.S. Case No. 49 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J)
ajaypd./-
U T
1 issue framed by the court
Whether the grant of anticipatory bail in a case alleging offences under Sections 341, 323, 307 and 354(A)/34 IPC should be allowed considering the nature of injuries reported.
1 provisions across 1 enactments
Mahesh Sao
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
