The Patna High Court dismissed a prayer for anticipatory bail. The court refused to entertain the petition because the petitioners were already declared absconders by virtue of arrest warrants having been issued against them.
The application for anticipatory bail is dismissed. The petitioners are advised to surrender for regular bail.
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.17248 of 2019
Arising Out of PS. Case No.-10 Year-2015 Thana- SARIYA District- Muzaffarpur
======================================================
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mani Bhushan Kumar For the Opposite Party/s : Mr.Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 01-04-2019
Heard learned counsel for the petitioners and learned
APP representing the State.
Petitioners are seeking anticipatory bail in connection with Sariya P.S. Case No. 10 of 2015 registered for the offences punishable under Sections 366A, 302, 363, 34 of the Indian Penal Code and Sections 4 and 7 of the POCSO Act.
Learned counsel for the petitioners submits that the petitioners have not played any active role in the matter of kidnapping of the daughter of the informant. It is further submitted that the daughter of the informant was kidnapped on 23.09.2014 but the case was lodged only on 11.01.2015 without giving any explanation for such huge delay. Learned counsel for the petitioners submits that in course of investigation it has transpired that it is a case of love affair for which the parents of the victim
Patna High Court CR. MISC. No.17248 of 2019(2) dt.01-04-2019 2/2
girl had indulged in honor killing.
On the other hand, learned APP for the State has opposed the prayer for bail on the ground inter-alia that the petitioners have already been declared absconder as process under Sections 82 and 83 Cr.P.C have been issued against them. Petitioners have moved this Court only at a belated stage and, thus, this Court is not willing to exercise its power of pre-arrest bail in the facts of the present case.
Having heard learned counsel for the parties and on going through the records, this Court finds that it is his own statement in the application that process under Sections 82 and 83 Cr.P.C. has already been issued against the petitioners. In such circumstance, this Court would not entertain the prayer for anticipatory bail. In case the petitioners surrender and pray for regular bail in the learned Court below within a period of two weeks from today, their prayer for bail shall be considered on its own merit.
This application is dismissed.
(Rajeev Ranjan Prasad, J)
R.R.Ojha/- U T
1 issue framed by the court
Whether anticipatory bail should be granted when the accused has already been declared an absconder via arrest warrants.
3 provisions across 3 enactments
Buni Lal Sah
Nirmala Devi
The State of Bihar
RAJEEV RANJAN PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
