Oral order granting anticipatory bail to petitioner in a domestic criminal case for ill-treatment and dowry-related offences, directing release on furnishing sureties under Section 438 Cr.P.C.
Directed petitioner to be released on bail upon arrest or surrender within four weeks by furnishing bonds with two sureties of Rs. 10,000 each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.69426 of 2018
Arising Out of PS. Case No.-238 Year-2018 Thana- MOTIHARI TOWN District- East Champaran
======================================================
Brahamdeo Prasad, Son of Late Jagarnath Mahto, Resident of VillageChorsua, P.S.- Giriyak, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 19-12-2018
Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in anticipation of his arrest in connection with Motihari Town P.S. Case No. 238 of 2018 dated 25.04.2018 instituted for the offences under Sections 341, 323, 498A, 494, 379 and 34 of the Indian Penal Code.
The petitioner is stated to be a cousin of the father-in-law of the informant.
It has been submitted on his behalf that there is no specific accusation against him and he is only alleged to have assisted the other family members of the husband of the informant in ill-treating her.
Taking into account the fact that the petitioner is only distantly related to the husband of the informant
Patna High Court Cr.Misc. No.69426 of 2018(2) dt.19-12-2018 2/2
and that nothing specific has been attributed against him, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Motihari Town P.S. Case No. 238 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J)
krishna/-
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail given his distant relationship to the accused and lack of specific accusation against him.
1 provisions across 1 enactments
Brahamdeo Prasad
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
