The Patna High Court granted bail to a petitioner in a Section 498A and 307 IPC case after he had been in jail for over four years, directing him to furnish a bond and appear at every trial date.
Petitioner directed to be enlarged on bail by furnishing a bond of Rs. 10,000 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.
Patna High Court Cr.Misc. No.60781 of 2017 (2) dt.10-01-2018 1
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.60781 of 2017
Arising Out of PS.Case No. -109 Year- 2013 Thana -JAMALPUR District- MUNGER
====================================================== 1. Raju Tanti, Son of Late Mattu Tanti @ Bhattu Tanti, resident of Chhoti Doulatpur, P.S.- Jamalpur, District- Munger.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 10-01-2018 Heard both sides.
The petitioner seeks bail in Jamalpur P.S. Case No.109 of 2013 registered under Section 498A, 307 of the Indian Penal Code.
The prayer for bail of the petitioner was earlier rejected vide order dated 29.06.2016 with a direction to the trial court to conclude the trial within six months.
The learned counsel for the petitioner submits that only four witnesses have been examined till date. The petitioner is in jail since 04.12.2013. The petitioner has already remained in jail for more than four years.
Considering the facts aforesaid and the fact that the petitioner is remained in jail since more than four years, petitioner,
Patna High Court Cr.Misc. No.60781 of 2017 (2) dt.10-01-2018 2
above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st , Munger in connection with Sessions Trial No.230 of 2014 arising out of Jamalpur P.S. Case No.109 of 2013, subject to the condition that the petitioner shall be present on each and every date in the trial court. If the petitioner fails to appear in trial court on two consecutive dates without any reason, the trial court shall cancel the bail bond of the petitioner.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail after remaining in jail for over four years in a trial under Sections 498A and 307 IPC.
1 provisions across 1 enactments
RAJU TANTI
THE STATE OF BIHAR
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
