Allowed

Chandeshwari Sharma v. The State of Bihar

Patna HC19 Dec 2019CR. MISC./84574/2019

Case brief

AI extract

What is this about?

The Patna High Court allowed the petition for anticipatory bail, releasing the petitioner on bail bonds subject to conditions of representation and genealogy affidavit from a close relative bailor, in a case alleging assault and causing hurt.

What did the court decide?

Prayer for anticipatory bail allowed; petitioner to be released on bail upon arrest upon furnishing bonds of Rs. 10,000 with two sureties and meeting specified conditions.

Chandeshwari Sharma Vs The State of Bihar — Bail and Remand | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84574 of 2019

¶2

Arising Out of PS. Case No.-262 Year-2019 Thana- BAKHTIARPUR District- Saharsa

¶3

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

¶4

CHANDESHWARI SHARMA Son of Late Ramphal Sharma Resident of Village - Tilathi, P.S.- Bakhtiyarpur (Kaneria O.P.), District- Saharsa

¶5

... ... Petitioner

¶6

Versus

¶7

The State of Bihar Bihar

¶8

... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Uday Kumar Mr. Kamal Kishore Singh For the Opposite Party/s : Mrs. Pushpa Sinha, APP ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

¶10

2 19-12-2019

¶11

Heard learned Counsel for the petitioner and the learned APP for the State.

¶12

Petitioner apprehends arrest in Bakhtiyarpur (Kaneria O.P.) PS Case No. 262 of 2019 registered under Sections 341, 323, 324, 308 and 504/34 of the IPC.

¶13

It is submitted by petitioner's counsel that the allegation is that while defending blow meted out by co-accused Reshma Devi the informant sustained a cut injury over his finger. No such allegation was made against the instant petitioner. At best he has accompanied Reshma Devi and Kanchan Devi to the place of occurrence and there is general allegation of assault. Reshma Devi has been allowed anticipatory bail vide Cr. Misc. No. 76137 of 2019.

¶14

It is submitted that it is a case of false implication and that the petitioner has no criminal antecedent.

¶15

Considering the aforesaid submissions prayer for anticipatory bail of the petitioner is allowed.

¶16

In the event of arrest or surrender before the court below within four weeks from today, let the petitioner above named be released on bail on furnishing bail bonds of Rs.

¶17

Patna High Court CR. MISC. No.84574 of 2019(2) dt.19-12-2019 2/2

¶18

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Saharsa in Bakhtiyarpur (Kaneria O.P.) PS Case No. 262 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

¶19

(Madhuresh Prasad, J)

¶20

SNkumar/-

¶21

U T

Chandeshwari Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chandeshwari Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vinay Prasad @ Vinay Kumar Vs The State of Bihar

Sahmud @ Mukhiya Vs The State of Bihar

Nitish Kumar Vs The State of Bihar

Sudhir Mahto Vs The State of Bihar

Dani Ram Vs The State of Bihar

Suman @ Subham Kumar Saha Vs The State of Bihar