In an anticipatory bail application, the Patna High Court granted bail to the petitioner in a criminal case alleging assault and attempted outrage of modesty, subject to furnishing a bond and sureties to the Magistrate.
Petitioner released on bail on Rs. 10,000 bond with two sureties of equal amount to the Magistrate, Gopalganj.
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. 5173 of 2017
Arising out of P.S. Case No. - 119 Year - 2016 Thana - PHULWARIA District - GOPALGANJ
====================================================== Nitish Kumar @ Nitesh Kumar, Son of Jitendra Singh, Resident of Village - Murar Batraha @ Ahirauli, Police Station Fulwariya (Shripur O.P.), District - Gopalganj
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party : Mr. Rajkishore Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2 02-03-2017
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 341, 354(B), 379, 452 and 504 of the Indian Penal Code.
Allegation is of commission of assault and attempt to outrage the modesty of the informant. The occurrence took place for trivial dispute relating to cleaning the front of the house.
Submission is that allegation is concocted and exaggerated one. The petitioner has got no criminal antecedent.
Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two
Patna High Court Cr.Misc. No.5173 of 2017 (2) dt.02-03-2017
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sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Gopalganj/Successor Court in connection with Fulwariya (Shripur O.P.) Police Station Case No. 119 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Birendra Kumar, J)
Kundan
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in an IPC case.
Whether to frame conditions for bail execution in the concerned Magistrate Court.
1 provisions across 1 enactments
Nitish Kumar @ Nitesh Kumar
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
