The High Court at Patna granted anticipatory bail to the petitioner in a case involving assault, illegal search, and robbery charges. The order directs surrender within six weeks and release on bond upon arrest.
Petitioner released on bail of Rs. 25,000 with sureties if he surrenders 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.7964 of 2019
Arising Out of PS. Case No.-819 Year-2018 Thana- SITAMARHI District- Sitamarhi
======================================================
Md. Farooque Son of Md. Sahid R/o Village- Murliachak, Ward No. 3, P.S. and District- Sitamarhi.
... ... Petitioner/s
Versus
The State Of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Shantanu Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
6 13-05-2019 This application, for grant of anticipatory bail, arises
out of Sitamarhi P.S. Case No. 819 of 2018, disclosing offences under Sections 341, 323, 324, 354, 379/34 of the Indian Penal Code.
Prosecution case is that petitioner and other accused persons entered inside the house of the informant and assaulted her and thrashed her on the ground and specific allegation against this petitioner that he assaulted her by means of farsa and there is allegation against other accused persons is of trying to disrobe the informant.
Submission of learned counsel for the petitioner is that for the same occurrence, two cases have been lodged by the informant and although there is allegation against the petitioner of assaulting the informant, however, offence is not under
Patna High Court CR. MISC. No.7964 of 2019(6) dt.13-05-2019 2/2
section 307 of the Indian Penal Code rather allegation under Section 323 and 325 of the Indina Penal Code has been levelled.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S. Case No. 819 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J)
sunilkumar/-
U T
1 issue framed by the court
Whether anticipatory bail应向 should be granted to the petitioner facing charges under Sections 341, 323, 324, 354, 379/34 of IPC for assault and attempted robbery.
2 provisions across 2 enactments
Md. Farooque
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
