This court allowed a prayer for anticipatory bail. The petitioner, facing charges under IPC Sections 341, 323, 307, 379, and 504/34, was granted bail upon furnishing bonds with sureties, based on the nature of the case and prior grants to co-accused.
Anticipatory bail granted on furnishing a bond of Rs. 10,000 with two sureties of equal amount.
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.32291 of 2017
Arising Out of PS.Case No. -13 Year- 2016 Thana -SIDHWARA District- DARBHANGA
======================================================
Abul Khair @ Khair Babu son of Ehsanul Haque resident of village - Chamanpur, P.S. - Singhwara, District - Darbhanga.
.... .... Petitioner/s
Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is apprehending his arrest in connection with Singhwara P.S. Case No. 13 of 2016 registered for the offences punishable under Sections 341,323,307,379,504/34 of the Indian Penal Code.
Allegation is that when the informant went to the house of one Md. Sufaid, she saw that he was charging informant’s mobile, she took the mobile and when she was coming to her house, Md. Sufaid and other co-accused persons assaulted her on account of which they have been named in the instant case.
Counsel for the petitioner submits that the fard
beyan was recorded at Bisfi Police Station whereas the informant
Patna High Court Cr.Misc. No.32291 of 2017 (2) dt.13-07-2017
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is the resident of Singwara P.S. and occurrence also relates to the Singwara. He further submits that there is no allegation of repeated blow against the instant petitioner therefore, Section 307 is not attracted. He further submits that the nature of injuries is simple in nature and on that basis sympathetic consideration for grant of anticipatory bail may be taken. He also submits that the other co-accused have already been granted anticipatory bail vide order dated 9.3.2017 passed in Cr. Misc. No. 9125 of 2017.
In the facts and circumstances of the case, the prayer of anticipatory bail of the petitioner is allowed. Let the petitioner above named, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Darbhanga in Singhwara P.S Case No. 13 of 2016 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.
(Madhuresh Prasad, J)
Prakash/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a criminal case.
1 provisions across 1 enactments
Abul Khair @ Khair Babu
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
