The Patna High Court allowed an application for anticipatory bail. The court granted bail to four petitioners, requiring them to appear before the court or police when required.
Anticipatory bail allowed with bond of Rs. 10,000 each and two sureties, subject to appearance before police/court and cancellation if absent on two consecutive occasions.
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.15096 of 2019
Arising Out of PS. Case No.-104 Year-2016 Thana- BASOPATTI District- Madhubani
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
2 12-03-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for anticipatory bail, arises out of Basopatti Police Station Case No. 104 of 2016, disclosing offences punishable under Sections 341, 323, 354(B), 379, 380, 384, 452, 504 and 34 of the Indian Penal Code.
The First Information Report has been registered under Section 156(3) of the Code of Criminal Procedure on the basis of a complaint petition. There is allegation against the petitioner no. 2 of having attempted to outrage the modesty of
Patna High Court CR. MISC. No.15096 of 2019(2) dt.12-03-2019 2/3
the informant. There is allegation against other co-accused persons of assault and taking away articles.
Learned counsel, appearing on behalf of the petitioners, has submitted that the present complaint case was filed on 19.01.2016 for the alleged occurrence said to have taken place on 13.01.2016, after an FIR was lodged by the petitioner no. 4 against son of the informant on 03.01.2016. He has also submitted that the filing of the complaint case leading to registration of the First Information Report is revengeful.
In view of the submission, as above, this application is allowed.
Let the petitioners, above-named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of the learned Munsif-I, Madhubani-cum-J.M.-1st, Madhubani in connection with Basopatti Police Station Case No. 104 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their
Patna High Court CR. MISC. No.15096 of 2019(2) dt.12-03-2019 3/3
part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J)
Ashish/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners in the Basopatti Police Station Case.
Whether the petitioners are eligible for bail if arrested or surrender within six weeks.
1 provisions across 1 enactments
Bhola Pandit
Vishun Pandit
Dasrath Pandit
Ram Rani Devi
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
