On a criminal bail application filed by two petitioners apprehending arrest in an assault case, the High Court granted bail on furnishing bond with sureties and specified conditions to prevent tampering with evidence or failure to appear.
Released on bail on furnishing bond of Rs. 10,000/- each with two sureties within six weeks of receipt of order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4 of 2020
Arising Out of PS. Case No.-165 Year-2019 Thana- OBRA District- Aurangabad
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... ... Petitioners
Versus
The State of Bihar ... Opposite Party
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Appearance :
For the Petitioners : Mr.Ashok Kumar Singh, Advocate For the Opposite Party : Mr.Sanjay Kumar, Addl Public Prosecutor
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 18-02-2020 Heard learned counsel for the petitioners as well as learned counsel for the State.
Petitioners apprehend arrest in a case registered for the offences punishable under Sections 307, 504/34 of the Indian Penal Code.
Defence of the petitioners is that the allegation of assault by knife is against co-accused Upendra Kumar, and there is general and omnibus allegation against the petitioners. Petitioners are bhabhi and bhagina of the informant respectively. Injuries (Annexure 2) have been found to be simple in nature. Petitioners have got no criminal antecedent.
Considering the facts of the case, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Daudnagar in Obra Police Station Case No. 165 of
Patna High Court CR. MISC. No.4 of 2020(2) dt.18-02-2020 2/2
2019, on the following conditions:-
(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J)
Shashi
U T
1 issue framed by the court
Whether bail should be granted to the petitioners who apprehend arrest in a case under Sections 307 and 504/34 IPC.
2 provisions across 1 enactments
Anita Devi
Srikant Kumar
State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
