The Patna High Court ordered anticipatory bail for the petitioners. They are to be released upon arrest or surrender within six weeks, subject to furnishing bonds and sureties under Section 438(2) Cr.P.C., conditions being met.
Anticipatory bail granted; release upon arrest/surrender within six weeks by furnishing bonds of Rs. 5,000 and two sureties.
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.67626 of 2021
Arising Out of PS. Case No.-25 Year-2021 Thana- ALINAGAR District- Darbhanga
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha ; Mr. Ranjay Kumar : Mr. Madhav Jha : Ms. Kanchan Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
6 12-10-2022
Heard learned counsel for the petitioners,
learned counsel for the informant and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 498A, 494 and 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of two cases and petitioner no. 2 has antecedent of one case, it is next submitted that petitioner no. 1 is the father-in-law of the informant and
Patna High Court CR. MISC. No.67626 of 2021(6) dt.12-10-2022 2/3
petitioner no. 2 is the second wife of the husband of the informant. Learned counsel next submits that the petitioner no. 2 was completely unaware that the husband of the informant was married from before, it is also submitted that thrust of the allegation is against the husband of the informant. It is further submitted that husband has also filed his anticipatory bail application before this Court which is pending adjudication.
Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners but are not able to meet the submission of the learned counsel for the petitioners that the petitioner no. 1 is the father-in-law and petitioner no. 2 is second wife of the husband of the informant and the thrust of the allegation is against the husband of the informant.
Considering the submissions made by the learned counsel for the petitioners, the petitioners abovenamed, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail
Patna High Court CR. MISC. No.67626 of 2021(6) dt.12-10-2022 3/3
bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ali Nagar P.S. Case No. 25 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
GauravSinha/-
1 issue framed by the court
Whether the petitioners are eligible for anticipatory bail considering their relationship to the informant and the thrust of allegations against the husband.
1 provisions across 1 enactments
Parmanand Jha
Manisha Khan
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
