Allowed

Digvijay Kumar @ Digvijay and Anr. v. The State Of Bihar

Patna HC9 Jan 2019CR. MISC./75914/2018

Case brief

AI extract

What is this about?

In an anticipatory bail application arising from an FIR under sections of the IPC including 307, the High Court allowed the petition, ordering the release of petitioners on bail upon surrender with conditions regarding appearance and furnishing sureties.

What did the court decide?

Anticipatory bail granted on Rs. 10,000/- + two sureties each, conditioned upon appearance before police/court.

Digvijay Kumar @ Digvijay and Anr. Vs The State Of Bihar — Cheque Dishonour | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.75914 of 2018

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Arising Out of PS. Case No.-63 Year-2017 Thana- BAHADURPUR District- Patna

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======================================================

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1. Digvijay Kumar @ Digvijay Son of Late Suya Deo Mahto 2. Ramesh Kumar Rai @ Ramesh Rai Son of Sri Motilal Rai Both resident of Mohalla-Bazar Samiti Shiv Coloney,P.S. Bahadurpur,Distt.Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bindeshwar Prasad Singh For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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... ... Opposite Party/s

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ORAL ORDER

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3 09-01-2019

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Heard learned Counsel for the petitioners and

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learned Additional Public Prosecutor for the State.

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This application, for grant of anticipatory bail, arises out of Bahadurpur Police Station Case No. 63 of 2017, disclosing offences under Sections 448, 147, 149, 341, 323, 324, 307, 354, 354(A)(i), 354B, 379, 427, 504 and 120B of the Indian Penal Code.

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Learned Counsel appearing on behalf of the petitioners submits that the informant and her husband have been convicted of the offence punishable under Section 307 and other provision of the Indian Penal Code on the basis of a criminal case lodged by petitioner no. 1 herein. It is also being argued that no case, under Section 307 of the Indian Penal Code,

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Patna High Court Cr.Misc. No.75914 of 2018(3) dt.09-01-2019 2/2

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is made out. Similarly circumstance co-accused persons have been granted anticipatory bail by this Court vide order dated 01.11.2018 passed in Criminal Misc. No. 55138 of 2018.

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Considering the above submission, this application is

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allowed.

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Let the petitioners, Digvijay Kumar @ Digvijay and Ramesh Kumar Rai, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Patna City, Patna, in connection with Bahadurpur Police Station Case No. 63 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

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(Chakradhari Sharan Singh, J.)

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ragini/-

Digvijay Kumar @ Digvijay and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Digvijay Kumar @ Digvijay and Anr. v. The State Of Bihar

Case brief

What is this about?

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