The Patna High Court, on a criminal miscellaneous petition, enlarged the petitioner on bail in a complaint case involving alleged assault and cheating, directing him to surrender within four weeks subject to specific bond conditions.
Enlargement on bail of Rs.10,000 with two sureties for a period of four weeks to appear before the court below.
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.69050 of 2019
Arising Out of PS. Case No.-2047 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur
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MD. JAKIR HUSSAIN, Aged about 60 years, Male, Son of Late Md. Samsuddin Ansari, Resident of Village Shampur, P.O. Naraynpur, P.S. Ishipur, Barahat, District Bhagalpur.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashutosh Kumar For the Opposite Party/s : Mr.Ram Bilash Roy Raman ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioners apprehend their arrest in Complaint Case No.2047/16, registered under Sections 323, 504, 420 and 34 of the Indian Penal Code.
The complainant alleged that his own brother, Danish Sah and his wife Bibi Afsana fraudulently got the land transferred in their name from his father, Fakir Sah. The petitioner is alleged to have ordered to assault the complainant.
Learned counsel for the petitioner submits that the petitioner was sitting in the Panchayati and this fact irritates the complainant and that is why the petitioner has been made accused in the case.
Patna High Court CR. MISC. No.69050 of 2019(2) dt.15-11-2019 2/2
Taking into consideration the facts and nature of allegations made against the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhagalpur in connection with Complaint Case No.2047/16, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in the pending complaint case.
What are the conditions and duration for the petitioner to be enlarged on bail.
1 provisions across 1 enactments
Md. Jakir Hussain
State of Bihar
Md. Shamsuddin Sah
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
