Patna HC granted anticipatory bail to petitioners accused of arson, assault, and theft under IPC, directing surrender within four weeks via bail bonds.
Petitioners to be released on bail on furnishing bonds on surrender within four weeks.
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.4105 of 2017
Arising Out of PS.Case No. -3054 Year- 2015 Thana -VAISALI COMPLAINT CASE District-
VAISHALI(HAJIPUR)
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Mr. Sri Akshay Lal Pandit
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 23-02-2017 Heard the learned counsel for the petitioners and the
State.
This is a petition for grant of anticipatory bail for
offences under Sections- 380, 436 & other minor sections of the Indian Penal Code.
Petitioners are in-laws of the complainant. The complainant had filed a case under Section-498A of the Indian Penal Code in the past against petitioners except petitioner No. 3. In the present complaint petition, the allegation is that the
Patna High Court Cr.Misc. No.4105 of 2017 (2) dt.23-02-2017
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petitioners committed arson in the house of the complainant besides commission of offence of assault and theft etc.
Submission of the petitioners is that only with a view to pressurize the petitioners, the present false case has been filed.
On the other hand, learned counsel appearing for the complainant submits that after cognizance only summons has been issued, hence, this anticipatory bail petition is not maintainable.
The impugned order reveals that the aforesaid fact was not brought to the notice of learned Sessions Judge while refusing anticipatory bail petition and the order of learned Sessions Judge would prejudice the mind of the court below at the time of consideration of prayer for bail of the petitioners on surrender.
Hence, petitioners named above in the event of their arrest or surrender in the court below within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Complaint Case No. 3054 of 2015 to the satisfaction of Smt. Niharika, Judicial Magistrate-Ist Class, Vaishali.
(Birendra Kumar, J)
A.K.V./U T
Md. Mozibul Rahman
Naushad Alam
Md. Akram
Md. Jabir
Md. Ansar
Parveen Begum
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
