High Court dismissed an application seeking quashing of an order refusing confirmation of provisional bail. The refusal was due to the petitioners' failure to comply with a condition requiring the complainant's visit to their residence.
The criminal miscellaneous application was dismissed; fresh bail application may be considered on merits.
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.
Patna High Court Cr.Misc. No.25604 of 2014 dt.03-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25604 of 2014
Arising Out of PS.Case No. -208 Year- 2012 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR
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.... .... Petitioner/s
Versus
.... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. Abhay Kumar For the State : Mr. Mayanand Jha, APP
=========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 03-07-2017
1 . The petitioners seek quashing of the order dated 31.05.2014 passed by the learned S.D.J.M. Bhagalpur in Complaint Case no. 208 of 2012. The learned Magistrate as per impugned order refused to confirm the bail of the petitioners as they did not comply the direction of the Sessions Judge given in order granting anticipatory bail to the petitioners.
Patna High Court Cr.Misc. No.25604 of 2014 dt.03-07-2017
for issuance of summons against these two petitioners only out of six accuseds persons. Both the petitioners filed Anticipatory Bail Petition no. 2151 of 2012. The learned Sessions Judge finding element of restoration of good relation between the parties, ordered for release of the petitioners on provisional bail in the event of their arrest/surrender within two weeks’ on the date of receipt of the copy of the order. He further directed that the provisional bail of the petitioners shall be confirmed on happening of the either of the two eventualities namely, (i) an offer being given, the complainant return to her matrimonial home and starts leading conjugal life with the petitioner no. 1 and after observations of six months by the court below to his satisfaction and no. (ii) the complainant if willfully refuses to accompany the petitioners. The petitioners filed a petition on 26.03.2014 praying therein to confirm their bail which was refused by the court below. The said order has been sought to be quashed.
Patna High Court Cr.Misc. No.25604 of 2014 dt.03-07-2017
on account of her refusal to go at their place, the petitioners prayer for confirmation of bail should have been allowed.
(Sanjay Kumar, J)
rohit/-
| AFR/NAFR | NAFR |
|---|---|
| CAVDATE | N.A. |
| Uploading Date | 07.07.2017 |
| Transmission Date |
07.07.2017 |
1 issue framed by the court
Whether the bail confirmation order of the Sessions Judge should be allowed despite the petitioners' alleged failure to comply with conditions regarding the complainant's visit.
Mukesh Sah
Kamli Devi
The State of Bihar
Guriya Devi
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
