In an anticipatory bail petition filed by three petitioners facing arrest under various IPC sections, the Patna High Court granted bail upon surrender within six weeks, specifying a financial bond and sureties.
Petitioners to surrender within six weeks and be enlarged on bail by furnishing Rs.25,000 bond each with two sureties of 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.1962 of 2023
Arising Out of PS. Case No.-240 Year-2021 Thana- NAANPUR District- Sitamarhi
======================================================
... ... Petitioner/s
Versus
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 24-03-2023
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 323, 379, 498A, 504, 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioner no. 1 is mother-in-law and petitioner nos. 2 and 3 are brother-in-law of the informant. He submits that the petitioners are separate in mess and business with the husband of the informant. He submits that earlier the
Patna High Court CR. MISC. No.1962 of 2023(2) dt.24-03-2023 2/3
informant has filed a case being Nanpur P.S. case No. 210 of 2018 under Section 341, 323, 498A, 504, 34 of the IPC and Section ¾ of the Dowry Prohibition Act against the petitioners which is pending before the learned court below, as such, there is no occasion to file the present case making same allegation. He further submits that petitioners have one criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for
bail.
Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nanpur P.S. Case No. 240 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
devendra/-
U T
Patna High Court CR. MISC. No.1962 of 2023(2) dt.24-03-2023 3/3
1 issue framed by the court
Whether a prisoner apprehending arrest should be enlarged on anticipatory bail in a pending criminal matter.
1 provisions across 1 enactments
Raj Kumari Devi W/O Bhikhari Baitha
Mithilesh Baitha S/O Bhikhari Baitha
Nitish Kumar
The State of Bihar
BIMLA DEVI W/o Awadesh Baitha
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
