The Patna High Court granted bail to petitioners accused in a case under Sections 376, 323, IPC, etc., directing release on bonds with sureties via the Chief Judicial Magistrate at Muzaffarpur.
Petitioners to be released on bail on furnishing bonds of Rs. 10,000 each with two sureties to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur.
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.29781 of 2020
Arising Out of PS. Case No.-312 Year-2017 Thana- MINAPUR District- Muzaffarpur
======================================================
... ... Petitioners
Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Nityanand For the Opposite Party/s : Mr. Nityanand Tiwary, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 11-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy.
Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in a case instituted for the offences under Sections 448, 341,, 323, 324, 354, 376, 511 and 307/34 of the Indian Penal Code.
The prosecution case in short is that the accused
Patna High Court CR. MISC. No.29781 of 2020(2) dt.11-11-2020 2/2
persons came to the house of the informant and started disrobing her and also assaulted her as well as her husband.
It has been submitted on behalf of the petitioner that the petitioners are in custody since 07.06.2020 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The nature of injury is said to be simple. The allegation of Section 354 IPC is denied by the petitioners. Charge-sheet has been submitted for offences which are triable by the Magistrate.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, 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 Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 312 of 2017.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether the petitioners seeking bail in offences under the Indian Penal Code should be released on bail.
Whether to fix bail bonds and sureties for the petitioners.
MANOJ KUMAR
Mintu Kumar
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
