Single judge allowed anticipatory bail to petitioners in an FIR involving offences including rape (354B IPC), citing over-implication. Bail subject to Section 438(2) Cr.P.C. conditions.
Anticipatory bail granted; if arrested, petitioner to be released on bail subject to Section 438(2) Cr.P.C. conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52087 of 2021
Arising Out of PS. Case No.-164 Year-2020 Thana- AMAS District- Gaya
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
... ... Opposite Party
ORAL ORDER
The petitioners seek bail in anticipation of their arrest in connection with Amas P.S. Case No.164 of 2020 instituted for the offences under Sections 448, 341, 323, 354B, 427 and 506/34 of the Indian Penal Code.
Taking into consideration the nature of allegation as mentioned in the F.I.R., prima facie it appears that it is a case of over implication so far as section 354B of the Indian Penal Code is concerned.
Considering the said aspect, I am inclined to grant benefit of anticipatory bail to the petitioners and in the event of
Patna High Court CR. MISC. No.52087 of 2021(2) dt.16-02-2022 2/2
arrest, they shall be released on bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sanjeev Prakash Sharma, J)
amit/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners in a case alleging offences under Sections 354B, 323, 448, etc. IPC?
1 provisions across 1 enactments
Dharmendra Kumar @ Dharmendra Yadav and others
The State of Bihar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
