In an anticipatory bail application regarding complaints under Sections 498-A and 379 IPC, the High Court refused bail. The court held that the petitioner had evaded process under CrPC Sections 82-83 for ten years, making it inappropriate to grant relief.
Anticipatory bail rejected; petitioner directed to surrender.
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.20703 of 2017
Arising Out of PS.Case No. -222 Year- 2006 Thana -COMPLAINT CASE District- JAMUI
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Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
4/ 21-07-2017 Heard learned counsel for the Petitioner and the
State.
The Petitioner apprehends his arrest in Complaint Case No.222-C of 2006 instituted for the offence under Section(s) 498-A, 379 Indian Penal Code pending in the Court of the Sub-Divisional Judicial Magistrate, Jamui.
Petitioner is husband of the complainant-Opposite
Party No.2.
From the impugned order of the Sessions Judge, it appears that processes under Section 82-83 Cr. P.C. has already been issued against the petitioner but he has not appeared as yet. The case is of the year 2006 and cognizance has been taken on 08.06.2007.
Patna High Court Cr.Misc. No.20703 of 2017 (4) dt.21-07-2017
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As such, petitioner is avoiding appearance for last ten years and processes under Section 82-83 Cr. P. C. has also been issued against the petitioner.
In view of such, this Court does not find it a fit case for grant of anticipatory bail.
Prayer is rejected.
The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.
(Sanjay Priya, J)
JA/-
U T
1 issue framed by the court
Whether antecedent conduct of eluding court processes for ten years makes this a fit case for anticipatory bail.
1 provisions across 1 enactments
Ashok Sharma
The State of Bihar
Rekha Devi
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
