Jyoti Raj v. State Of Bihar and Anr.
Case brief
What is this about?
The High Court disposed of two miscellaneous applications regarding anticipatory bail in a matrimonial dispute. After finding the lower court acted against a stay order, the Court modified the original bail order to grant provisional bail to the husband until March 2019, conditioned on furnishing a bond, regular appearance in cases, and payment of maintenance defaults.
What did the court decide?
Provisional bail granted to the husband until 05-03-2019, conditioned on furnishing a bond, regular appearance in courts, and payment of maintenance without default for two consecutive occasions.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44135 of 2017 In
Criminal Miscellaneous No.3154 of 2017
Arising Out of PS. Case No.- Year- Thana- District- Vaishali
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Jyoti Raj D/o Sri Umesh Prasad Sah, W/o Bharti, R/o Indu Sadan, Lohsari Road, Village- Singhray Mahua, P.S.- District- Vaishali.
... ... Petitioner/s
Versus
- State Of Bihar
- Alok Bharti Son of Anup Lal Sah, R/o Village- Neemchak, P.S.- Tajpur, District- Samastipur.
... ... Opposite Party/s
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with Criminal Miscellaneous No. 56821 of 2017 In
Issues for consideration
3 issues framed by the court
Whether the order extending provisional anticipatory bail should be considered infructuous due to a stay by the High Court?
Whether the lower court had jurisdiction to recall an order confirming provisional bail that was stayed by the High Court?
Whether to modify the order to grant provisional bail to the husband subject to payment of maintenance and appearance conditions?
Parties & counsel
- applicant
Jyoti Raj
- applicant
Alok Bharti
- respondent
State Of Bihar
Coram
Case details
As recorded by the court registry
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