The court granted bail to the petitioner, who was accused of matrimonial and property dispute offences. Bail was granted on surety with conditions regarding local sureties and cooperation in trial.
Petitioner released on bail of Rs. 10,000/- with two sureties of the like amount each under specified conditions.
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.433 of 2019
Arising Out of PS. Case No.-52 Year-2018 Thana- MAHILA PS District- Jamui
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Dablu Saw (M), aged about 25 years, s/o Late Raghu Saw, resident of Village- Tetarhat, P.S. Tetarhat, District, Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s : Mr.Dashrath Mehta
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CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
3 20-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Jamui Mahila P.S. Case No. 52/2018 registered for the offence punishable under Sections 323, 379, 504, 376, 120B and 307 of the Indian Penal Code.
Informant has alleged that after death of her husband, petitioner established physical relation with her on the promise of marriage, however, subsequently, he denied.
It has been submitted on behalf of the petitioner that he has not committed any offence and allegations are false and concocted. Petitioner himself is a married person having two
Patna High Court Cr.Misc. No.433 of 2019(3) dt.20-02-2019 2/3
children and because of dispute of joint family property, he has been falsely implicated in this case. Petitioner has no criminal antecedent and he is in custody since 28.11.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui in connection with Jamui Mahila P.S. Case No. 52/2018 , with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for
Patna High Court Cr.Misc. No.433 of 2019(3) dt.20-02-2019 3/3
cancellation of bail of the petitioner.
(S. Kumar, J)
Sanjay/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in Jamui Mahila P.S. Case No. 52/2018 involving offences under Sections 323, 379, 504, 376, 120B and 307 IPC.
Whether the petitioner's claims of false implication and lack of criminal antecedents warrant release on bail.
Dablu Saw
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
