High Court of Patna granted pre-arrest bail to five women accused in a criminal case under various sections of the Indian Penal Code. The court directed their release within six weeks subject to furnishing bail bonds.
Petitioners released on bail by furnishing bond of Rs. 10,000 with two sureties identical amount within six 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.36313 of 2018
Arising Out of PS.Case No. -56 Year- 2016 Thana -SRI NAGAR District- MADHEPURA
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All resident of Village- Khutaha, Ward No. 12, P.S.- Bhargama, DistrictAraria.
.... .... Petitioners
Versus
The State of Bihar. ... .... Opposite Party
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Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, APP
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 05-07-2018 Heard learned counsel for the petitioners and learned
counsel for the State.
The petitioners seek pre-arrest bail in connection with Srinagar P.S. Case No. 56 of 2016 registered under Sections 147, 148, 149, 150, 323, 324, 307, 504, 506, 379 and 354 of the Indian Penal Code.
Considering the submission made by the learned
Patna High Court Cr.Misc. No.36313 of 2018 (2) dt.05-07-2018 2
counsel for the petitioners that on completion of investigation, the police did not find culpability of the petitioners in the alleged offence and, thus, that they were not sent up for trial but, differing with the police report, the learned Magistrate summoned them also after taking cognizance of the offence, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-V, Madhepura in connection with Srinagar P.S. Case No. 56 of 2016 subject to the conditions as laid down under Section 438(2) Cr. P.C
(Ashwani Kumar Singh, J.)
Sanjeet/U T
2 issues framed by the court
Whether the petitioners are entitled to be released on bail before arrest.
Whether the Magistrate's summoning of the petitioners affects their claim for bail.
1 provisions across 1 enactments
Neelam Devi
Tara Devi
Geeta Devi
Manjula Devi
Khajani Devi
The State of Bihar
ASHWANI KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
