The High Court granted anticipatory bail to the petitioner against arrest in a case involving assault, rape, and mischief, conditioned on furnishing a bond within four weeks and complying with Section 438 CrPC.
Released on bail with Rs. 10,000 bond and two sureties within four 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.64293 of 2019
Arising Out of PS. Case No.-183 Year-2019 Thana- LAXMIPUR District- Jamui
======================================================
SUBODH RABIDAS, Son of Dhalo Rabidas Resident of Village-Sewa, Nichli Tola, P.S-Laxmipur, District-Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ram Sumiran Rai For the Opposite Party/s : Mr.Anish Chandra ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 23-10-2019
Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Laxmipur (Gidhaur) P.S. Case no. 183 of 2019, registered under Sections 147, 149, 341, 323, 354(B), 379, 504 and 506 of the Indian Penal Code.
The accusation is that six persons named in the F.I.R., including the petitioner, having lathi, stick and iron rod in their hands came at the shop of informant and started to abuse. When informant made protest then on the order of petitioner, Nitish Ravidas entered in the shop of informant and pulled him outside the shop catching his callar. Thereafter, Pappu Ravidas, Pankaj Ravidas, Dhalo Ravidas and Tulsi Ravidas started assaulting the informant through lathi and stick.
Patna High Court CR. MISC. No.64293 of 2019(2) dt.23-10-2019 2/2
On raising alarm, Archana Devi, wife of the informant, rushed to save him then petitioner laid her on the ground by catching her hair and torn her blouse. At that time, mother of the informant also assaulted by them and Nitiesh Ravidas took cash of Rs. Five thousand from the box.
Learned counsel for the petitioner submits that, in fact, occurrence of Marpit took place due to quarrel in between children of both sides in which petitioner’s side also sustained injury. Moreover, the injuries as found on the person of informant are simple in nature. The petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Jamui in connection with Laxmipur (Gidhaur) P.S. Case No. 183 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
manish/-
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in offences under Sections 147, 149, 341, 323, 354(B), 379, 504 and 506 IPC.
1 provisions across 1 enactments
Subodh Rabidas
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
