Partly allowed

Dashrath Sah v. The State of Bihar

Patna HC17 Oct 2023CR. MISC./44410/2023

Case brief

AI extract

What is this about?

In this criminal miscellaneous matter, the High Court of Judicature at Patna granted anticipatory bail to the petitioner in a police case alleging assault and other offences. The Court fixed a surrender period and monetary conditions for enrollment, referencing Section 438(2) CrPC.

What did the court decide?

Grant of anticipatory bail subject to surrender within six weeks and furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each.

Dashrath Sah Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44410 of 2023

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Arising Out of PS. Case No.-207 Year-2020 Thana- MINAPUR District- Muzaffarpur

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======================================================

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DASHRATH SAH S/O LATE RAM PARIKSHAN R/O Village- Gangati, P.SMinapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar For the Opposite Party/s : Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 17-10-2023

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Heard learned counsel for the parties.

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The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

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As per the prosecution case, this petitioner is alleged to have assaulted the informant with iron punch and rod causing injury over his face.

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It is submitted on behalf of petitioner that no such occurrence, as alleged in the F.I.R., has ever taken place. As a matter of fact, prior to the alleged occurrence, the informant tried to commit rape with the daughter of the petitioner, for which, petitioner had filed a complaint case, vide Complaint Case No. 13 of 2020, and in retaliation, this false and concocted case has been lodged. There is no injury report on the record to support the allegation made by the informant in the F.I.R. Petitioner has got clean antecedent.

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Patna High Court CR. MISC. No.44410 of 2023(4) dt.17-10-2023 2/2

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Learned A.P.P. for the State has opposed the prayer

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for anticipatory bail.

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Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 207 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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anay/-

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U T

Dashrath Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dashrath Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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