This single-judge oral order granted anticipatory bail to two petitioners apprehending arrest in an IPC case. The court granted relief due to no specific allegations against them, subject to arrest conditions.
Petitioners enlarged on bail on furnishing bonds of Rs.25,000 each with two sureties of the like amount.
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.59502 of 2022
Arising Out of PS. Case No.-122 Year-2022 Thana- KUTUMBA District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukul Kumari For the Opposite Party/s : Mr.Anil Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 23-12-2022 Heard both sides.
The petitioners apprehend their arrest in connection with Kutumba P.S. Case No.122 of 2022, registered for the offences punishable under Sections 376, 511, 506 and 34 of the Indian Penal Code.
Co-accused, Janeshwar Choudhary is said to have tried to commit rape with the informant. The petitioners are son and daughter-in-law of co-accused, Janeshwar Choudhary and they are said to have threatened the informant to kill.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no
Patna High Court CR. MISC. No.59502 of 2022(2) dt.23-12-2022 2/2
criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the specific allegation is against co-accused, Janeshwar Choudhary.
Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.
Taking into consideration the fact that no specific allegation is made against the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of eight weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/(rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Aurangabad in connection with Kutumba P.S. Case No.122 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J)
Sanjay/-
U T
1 issue framed by the court
Whether the petitioners eligible for anticipatory bail in IPC-related offences given lack of specific allegations against them.
1 provisions across 1 enactments
Dharmendra Choudhary
Simpi Choudhary
The State of Bihar
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
