This court granted anticipatory bail to three petitioners in PS Case No. 184 of 2017, restraining arrest if they surrender within six weeks and furnish a bond of Rs. 25,000 each with two sureties under specific conditions.
Petitioners granted enlarged on bail on surrendering within six weeks, furnishing bond of Rs. 25,000 each with two sureties.
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.4158 of 2018
Arising Out of PS.Case No. -184 Year- 2017 Thana -PUPRI District- SITAMARHI
.... .... Petitioner/s
Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Sri Nityanand Tiwary
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 02-02-2018 The petitioners are apprehending their arrest in connection with Pupri P.S. Case No. 184 of 2017, registered for offences punishable under Sections 341, 323, 354, 379, 504, 506/34 of the IPC.
Allegation against the petitioner no. 1 is of disrobing the informant and allegation against other petitioners is of snatching the golden chain worth Rs. 26,000/-.
It has been submitted on behalf of the petitioners that out and out false and concocted allegations have been levelled against the petitioner and the dispute arose with regard to scuffle between the children of both sides and no such occurrence as alleged by the informant has ever taken place. Further petitioners have no
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criminal antecedents.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Pupri, Sitamarhi, in connection with Pupri P.S. Case No. 184 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions.
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) Petitioners shall not make any threat or harass the informant in any manner. (iii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part two appear
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before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J)
sunil/-
U T
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in the specified PS Case.
Whether conditions for granting bail should be prescribed.
Amarjit Yadav
Amit Yadav
Manjit Yadav
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
