The High Court granted anticipatory bail to the petitioner, a petitioner's wife, in a case involving alleged acid injury. Bail was subject to conditions regarding sureties and appearance if charges are framed.
Anticipatory bail granted on furnishing a bond of Rs. 10,000 with two sureties, conditional on appearing if charges are framed.
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.47934 of 2016
Arising Out of PS.Case No. -32 Year- 2016 Thana -PAUTHU District- AURANGABAD
====================================================== Singari Kuwar, wife of Late Santosh Mistri, resident of village Jhingury, P.S.- Poutbu, District- Aurangabad.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 08-12-2016 Heard the Counsel for the petitioner and the APP for
the State.
Petitioner prays for grant of anticipatory bail in Pouthu P.S. Case No. 32 of 2016 registered under sections 326(A), 307/34 of the Indian Penal Code and Sections 3 and 4 of Prevention of Witchcraft Practices Act.
Petitioner is related to the informant who is a widow. The allegation is that the petitioner gave some acid like substance to her son to drink whereafter he developed problem and was taken to the Bose clinic for treatment.
Contention of the petitioner is that owing to family feud, the allegation has been embellished and alleged after 7-8 days of the occurrence. The Police verified about the injury sustained by the son of informant whereafter Annexure-2 was issued wherefrom it appears that the informant disclosed that by
Patna High Court Cr.Misc. No.47934 of 2016 (2) dt.08-12-2016
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mistake the acid like substance was drunk by him and that within two days the injured was discharged on being found no serious injury.
Considering the facts and circumstances of the case, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Pouthu P.S. Case No. 32 of 2016 in learned Chief Judicial Magistrate, Aurangabad subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:
(i) One of the bailers shall be the own/close family members of the petitioner.
(ii) In case of framing of charge, the petitioner 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 cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.
(Kishore Kumar Mandal, J)
Pankaj/U
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in the present facts.
1 provisions across 1 enactments
Singari Kuwar
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
