This court granted anticipatory bail to the petitioners in a case involving assault, attempt to murder, and criminal intimidation. The bail was granted on condition of surrender and presence during investigation.
Released on anticipatory bail in event of arrest or surrender within six weeks, subject to conditions under Section 438(2) CrPC.
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.40370 of 2019
Arising Out of PS. Case No.-362 Year-2018 Thana- DINARA District- Rohtas
======================================================
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Dharmendra Kumar Singh, Adv. For the Opposite Party/s : Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
2 02-07-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Dinara P.S. Case No. 362 of 2018 (G.R. No.1209 of 2018), registered for the offence under Sections 341, 323, 354(B), 307, 504 and 506/34 of the Indian Penal Code.
As per the F.I.R., on 10.09.2018 at about 3 PM. the present petitioners came to the house of the informant and started talking for compromise, when the compromise could not be materialized, they assaulted the informant and his family members and also tried to outrage the modesty of the mother of the informant. It has also been alleged that petitioner no.1 instigated other accused persons to kill all the family members.
The petitioner has a criminal antecedent, but the present case has been lodged after 14 days of the incident and
Patna High Court CR. MISC. No.40370 of 2019(2) dt.02-07-2019 2/2
explanation for delay in lodging the case has not been given in the F.I.R. whereas the present petitioners have lodged a criminal case against the informant side on 11.09.2018 in connection with the same incident.
Looking to the aforesaid facts, let the above-named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate-I, Bikramganj, Rohtas, in connection with Dinara P.S. Case no.362 of 2018 (G.R. No.1209 of 2018), subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
(Shivaji Pandey, J)
pawan/- U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in the pending proceedings.
1 provisions across 1 enactments
Nanhak Chaudhary and Ors.
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
