The court allowed bail to petitioners charged under Section 364 IPC who were not named in the FIR or the victim's judicial statement. They were granted release upon furnishing bonds and sureties.
Petitioners released on bail by furnishing bonds of Rs 10,000/- each with two sureties of the like amount to Judicial Magistrate 1st Class, Jamui.
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.30052 of 2017
Arising Out of PS.Case No. -49 Year- 2011 Thana -CHANDRADEEP District- JAMUI
====================================================== 1. Subelal Yadav son of Jagadish Yadav 2. Bijay Manjhi son of Ramashish Manjhi. Both are resident of Islamnagar, P.S. Chandradeep, District- Jamui. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr. Sri Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
2 06-07-2017 Heard learned counsel for the petitioners and learned APP for the State.
This is a case registered under Section 364/34 of the
Indian Penal Code.
Counsel for the petitioners submits that the petitioners are not named in the FIR nor is there any suspicion alleged against them. He further submits that the statement of the victim under Section 164 Cr.PC was recorded after six months of the occurrence in which also she has not named the petitioners. In the said statement under Section 164 Cr.P.C, the victim has named one Sanjay Yadav who has already been granted bail vide order dated 11.04.2012 passed in Cr. Misc. No. 12740 of 2012.
Patna High Court Cr.Misc. No.30052 of 2017 (2) dt.06-07-2017
2/2
The case of the instant petitioners stands on better footing than Sanjay Kumar. He also submits that the Petitioners are in jail custody since 19.04.2017.
In the facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Jamui in Chandradeep P.s. case No. 49 of 2011.
(Madhuresh Prasad, J)
Prakash/-
U T
1 issue framed by the court
Whether bail is maintainable for petitioners alleged to be involved in an offence under Section 364 IPC when not named in FIR or Section 164 Cr.P.C statement.
Subelal Yadav
Bijay Manjhi
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
