The Patna High Court granted anticipatory bail to petitioners in a case involving assault and theft allegations. The court allowed enlargement upon bail execution within six weeks, subject to standard conditions under Section 438(2) CrPC.
Enlargement on bail on furnishing a bond of Rs. 10,000 each with two sureties of the like amount within six weeks.
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.66598 of 2019
Arising Out of PS. Case No.-794 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna
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... ... Petitioners
Versus
... ... Opposite Parties
====================================================== Appearance : For the Petitioners : Mr.Deepak Kumar, Advocate For the State : Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
The petitioners apprehend their arrest in connection with Complaint Case No. 794 of 2017 registered under Sections 341, 323, 354, 379 and 34 of the Indian Penal Code.
The accusation is that four persons named in the complaint petition including the petitioners entered into the house of the complainant Pinki Devi and started abusing her and when Sanjit Sah, the husband of the complainant, rushed there then he was also assaulted with fists and slaps. At that time
Patna High Court CR. MISC. No.66598 of 2019(2) dt.07-11-2019 2/3
Ashok Kumar petitioner no. 1 and other accused persons tried to press the neck of her husband. In the meantime, Manish Kumar rushed to save the complainant and her husband then Ashok Kumar petitioner no. 1 also threw him on the ground. At that time petitioner no. 3 tried to unfold her Saree with bad intention and when the complainant raised alarm, the accused persons threw the household articles here and there and took Rs. 5000/kept in the suite-case after giving threats to the complainant.
Submission is that in fact, Nishu Kumari daughter-inlaw of Ashok Kumar petitioner no. 1 lodged a complaint case bearing Complaint Case No. 801 of 2017 against her husband Manish Kumar, Pinki Devi complainant of the present case and one Sanjeev Sah in the court of the learned Additional Chief Judicial Magistrate, Patna City. Due to that reason, the complainant lodged the present case implicating the whole family members of the petitioners. The petitioners have no criminal antecedents.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.66598 of 2019(2) dt.07-11-2019 3/3
amount each to the satisfaction of Smt. Rashmi Prasad, Sub Judge IV-cum-A.C.J.M. Patna City in connection with Complaint Case No. 794 of 2017, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Rajendra Kumar Mishra, J)
BT/-
U T
1 issue framed by the court
Whether petitioners requiring bail, are entitled to anticipatory bail in the circumstances of the case.
1 provisions across 1 enactments
Ashok Kumar
Dhiraj Kumar
The State of Bihar
Pinki Devi
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
