On the application for regular bail, the High Court, considering the submissions and the fact that the parties are neighbouring relatives, granted bail to the petitioners subject to bond requirements and social distancing guidelines.
Released on regular bail on bonds of Rs.10,000/- each with two sureties of like amount each to the ACJM Katihar.
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.2665 of 2021
Arising Out of PS. Case No.-36 Year-2020 Thana- BALRAMPUR District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jibendra Mishra, Advocate For the Opposite Party/s : Mr. Choubey Jawahar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 17-03-2021
the petitioners and Mr. Choubey Jawahar, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioners seek regular bail in connection with Balrampur P.S. Case No.36 of 2020 registered for the offences punishable under Sections 341, 323, 354(B), 379, 504 and 506/34 of the Indian Penal Code 1860.
The allegation as per the First Information Report is that the petitioners along with other co-accused persons outraged the modesty of the informant and also taken away the ornaments from her possession. It has further been
Patna High Court CR. MISC. No.2665 of 2021(2) dt.17-03-2021 2/3
alleged that on the date of occurrence the informant was pregnant of about two months.
Learned counsel further submits that the petitioners have falsely been implicated in this case due to the family disputes and both the parties are next door neighbours and related with each other also. Learned counsel also submits that no specific allegation is there against the petitioners of causing abortion to the informant and the Police after investigation submitted charge Sheet under Sections 313 and 354-B of the Indian Penal Code and the petitioners are in custody since 15.6.2020 and 26.6.2020 respectively.
Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that both the parties are next door neighbours and are related with each other, I am inclined to grant regular bail to the petitioners.
Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM VI,
Patna High Court CR. MISC. No.2665 of 2021(2) dt.17-03-2021 3/3
Katihar, in connection with Balrampur P.S. Case No.36 of 2020.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J)
S.Ali/-
U T
1 issue framed by the court
Whether regular bail should be granted to the petitioners in connection with the offences under Sections 341, 323, 354(B), 379, 504 and 506 IPC.
1 provisions across 1 enactments
Fajlur Rahman and others
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
