Anil Kumar v. The State of Bihar

Patna HC8 Jan 2024CR. MISC./32036/2023

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 CrPC; Sections 323, 498A, 354B, 506/34, 341 IPC; Soh Sarai P.S. Case No. 346 of 2022; Nalanda; Bihar Shariff; Anil Kumar; Ashish Raj; Smt. Mona; Chandra Prakash Singh; CR. MISC. No.32036 of 2023; bail bond Rs. 20,000; two sureties; physical presence condition; cancellation of bail bonds; Patna High Court.

What did the court decide?

Anticipatory bail granted to both petitioners upon arrest/surrender within six weeks, on bail bond of Rs. 20,000/- each with two sureties of the like amount each, to the satisfaction of the learned court concerned, Bihar Shariff, Nalanda, subject to Section 438(2) CrPC conditions and the added condition of physical presence before the court below on every date. ¶¶26

Anil Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, apprehending arrest in connection with Soh Sarai P.S. Case No. 346 of 2022 (offences under Sections 323, 498A, 354B, 506/34 and 341 IPC), should be enlarged on anticipatory bail.

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Court's answer

Both petitioners are to be enlarged on anticipatory bail in the event of their arrest or surrender within six weeks, on furnishing a bail bond of Rs. 20,000/- each with two sureties of the like amount each, subject to the conditions under Section 438(2) CrPC, in connection with Soh Sarai P.S. Case No. 346 of 2022.

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Ratio / Principle

Grant of anticipatory bail is additionally conditioned on the petitioners remaining physically present before the court below on each and every date; failure to appear on two consecutive dates without reasonable cause renders their bail bonds liable to cancellation.

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Detailed headnote1 paragraphs

Anticipatory bail granted (Chandra Prakash Singh, J, Patna High Court, 08-01-2024) to Anil Kumar (father-in-law) and Ashish Raj (brother-in-law/Dewar) of the informant, who apprehended arrest in Soh Sarai P.S. Case No. 346 of 2022 dated 26.12.2022, registered for offences under Sections 323, 498A, 354B, 506/34 and 341 IPC. Bail is conditional on arrest/surrender within six weeks, furnishing a bail bond of Rs. 20,000/- each with two sureties of the like amount each, subject to Section 438(2) CrPC conditions, with a further condition that the petitioners remain physically present before the court below on each and every date, failing which on two consecutive dates without reasonable cause their bail bonds are liable to cancellation. Counsel for the petitioners submitted false implication, separate residence from the informant, death of the informant's husband on 07.12.2022 due to cardio pulmonary arrest, a property-partition motive, and one criminal antecedent; the State and opposite party no. 2 opposed the prayer.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32036 of 2023

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Arising Out of PS. Case No.-346 Year-2022 Thana- SOHSARAI District- Nalanda

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

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Anil Kumar, aged about 60 years, Gender-Male, Son of Late Krishna Prasad, Resident of Mohalla - Nand Nagar, Behind- Soh Sarai Thana, P.S. - Soh Sarai, Distt. - Nalanda.

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Ashish Raj, aged about 30 years, Gender-Male, Son of Anil Kumar, Resident of Mohalla - Nand Nagar, Behind- Soh Sarai Thana, P.S. - Soh Sarai, Distt. - Nalanda.

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... ... Petitioners

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Versus

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The State of Bihar

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Smt. Mona, Wife of Late Amit Kumar, D/o Shiv Shankar Prasad, At present residing at village- Sheikhpura Pachna, P.S. - Sheikhpura, Distt. - Sheikhpura.

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... ... Opposite Parties

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====================================================== Appearance : For the Petitioners : Mr. Madhurendra Kumar, Advocate For the O.P. No. 2 : Mr. Abu Bakar, Advocate, For the State : Mr. Shailendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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5 08-01-2024

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Learned counsel for the petitioners is permitted to

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remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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Heard learned counsel for the petitioners, learned counsel for the opposite party no. 2 and learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in connection with Soh Sarai P.S. Case No. 346 of 2022 dated 26.12.2022 registered for the offences punishable under

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Patna High Court CR. MISC. No.32036 of 2023(5) dt.08-01-2024 2/3

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Sections 323, 498A, 354B, 506/34 and 341 of the I.P.C.

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As per the prosecution case, the petitioners are alleged to have outraged the modesty of the informant. On protect, her mother-in-law and sister-in-law (Gotani) came and started creating pressure on her.

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Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. The petitioner no. 1 is the father-in-law and the petitioner no. 2 is the brother-in-law (Dewar) of the informant and they are living separately from the informant and they have no concern with the alleged offence. It is submitted that the husband of the informant died during the course of treatment due to cardio pulmonary arrest on 07.12.2022 and prior to death of her husband, she has been living separately from the petitioners. The reason behind the occurrence is due to partition of family property by the informant and she wants to sell the property after partition which was not accepted to other family members. The petitioners have one criminal antecedent as stated in paragraph no. 3 of the bail application.

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Learned A.P.P. for the State and learned counsel for the opposite party no. 2 have opposed the prayer for anticipatory bail of the petitioners.

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Patna High Court CR. MISC. No.32036 of 2023(5) dt.08-01-2024 3/3

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Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Bihar Shariff, Nalanda in connection with Soh Sarai P.S. Case No. 346 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition:-

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I. The petitioners are directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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U.K./- U T

Anil Kumar v. The State of Bihar

Case brief

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What did the court decide?

Anil Kumar v. The State of Bihar

Case brief

What is this about?

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