Single judge allowed bail application for two accused apprehending arrest in an assault case. Compromise between parties and trivial injuries were noted. Anticipatory bail granted on furnishing bond and sureties.
Allow anticipatory bail upon surrender/arrest within six weeks, furnishing a bond of Rs.10,000 with two sureties of similar 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.36158 of 2018
Arising Out of PS. Case No.-139 Year-2017 Thana- SAHIYARA District- Sitamarhi
======================================================
... ... Petitioner/s
Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 03-07-2018
Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Sahiara P.S. Case No. 139 of 2017 instituted for the offence under Section(s)341, 323 and 307/34 of the Indian Penal Code.
In the written report, it is alleged that on the date of occurrence the petitioners assaulted the father of the informant and when informant went to save him he was also assaulted by the accused persons.
It is submitted that petitioner no.2 and informant are own brothers and petitioner no.1 is son of petitioner no.2. The compromise has also taken place between the parties. The doctor has found the injuries on the person of the injured to be
Patna High Court Cr.Misc. No.36158 of 2018(3) dt.03-07-2018 2/2
simple in nature. The injury report is annexed as Annexure-3 to the bail petition.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Sahiara P.S. Case No. 139 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the I/c C.J.M, Sitamarhi subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J)
shyambihari/- U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in an assault case arising from a family dispute where a compromise has been reached.
1 provisions across 1 enactments
Rakesh Mahto and Dev Narain Mahto
State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
