Bench granted extension of anticipatory bail by directing petitioner to surrender before lower court within three weeks, noting continued payments to complainant and non-compliance with earlier notice requirements.
Direction to surrender before the learned Court below within three weeks from the date of the order.
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.67968 of 2019
Arising Out of PS. Case No.-75 Year-2014 Thana- SANGRAMPUR District- East Champaran
======================================================
GUDDU MISHRA Son of Ygya Mishra Resident of Village-Bariyaria Mishra Gram, P.S-Sangrampur, District-East Champaran……...... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Umesh Tiwari For the Opposite Party/s : Mr.Surendra Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
Petitioner seeks bail in anticipation of his arrest in
connection with Sangrampur P.S. Case No. 75 of 2014, registered for the offences punishable under Sections 498(A), 341, 323, 504, 506, 34 of the Indian Penal Code. 3/ 4 D.P. Act.
It appears from perusal of the record that petitioner was enlarged on provisional anticipatory bail by co-ordinate Bench of this Court vide order dated 12.01.2015 passed in Criminal Miscellaneous NO. 951 of 2015 with condition on payment of Rs.750/- per month to the complainant / informant. It further appears that petitioner was directed to take step for issuance of notice to the complainant/informant. It appears that petitioner has not taken step for issuance of notice as such earlier application for anticipatory bail was rejected for non-
Patna High Court CR. MISC. No.67968 of 2019(2) dt.24-10-2019 2/2
compliance of the Court order.
It appears that petitioner has filed an application for restoration and that case was also dismissed vide order dated 20.06.2018 passed in Criminal Miscellaneous No. 29705 of 2018.
Submission of the learned counsel for the petitioner is that he continues to pay the aforesaid amount to the informant/complainant but inadvertently he could not deposit the requisites as directed by the Court due to which his anticipatory bail application was dismissed for non-compliance.
On the other hand, learned A.P.P has opposed the prayer of bail.
Having heard both sides, considering the fact this application is disposed of with a direction to the petitioner to surrender before the learned Court below within three weeks from the date of the order, and Court below after hearing both the parties and also considering the fact that he is still paying Rs. 750/- to the complainant will pass an appropriate order without being prejudiced by this order.
(Vinod Kumar Sinha, J)
T.Kr./- U T
2 issues framed by the court
Whether the petitioner should be granted an extension of bail or directed to surrender in light of non-compliance and continued payments.
Whether the court should pass an order without prejudice to the petitioner pending hearing before the lower court.
Guddu Mishra
The State of Bihar
Rani Kumari
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
