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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: release on bail upon arrest or surrender within four weeks of receipt of the order, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Bhojpur at Ara, subject to Section 438(2) Cr.P.C. conditions and additional conditions — one bailor to be a family member/relative providing an official document showing bona fide; appearance before the Trial Court on every date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court itself; fortnightly appearance at the concerned police station for six months to mark attendance; cooperation in investigation and availability to police as and when required; no inducement, promise or threat to witnesses or tampering with evidences; desistance from committing any criminal offence again.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Charpokhari P.S. Case No. 74 of 2024 (FIR lodged on 29.03.2024 by informant Sumitra Devi under Sections 341, 323, 354, 504, 506, 34 IPC), should be granted anticipatory bail.

Court's answer

Though allegation exists, given that the petitioner is a student without criminal antecedent, the main allegation of assault is against Mannu Sah and Shailendra Sah, and he has undertaken to cooperate in the investigation and diligently appear in trial, the Court was inclined to extend to him the privilege of anticipatory bail.

Ratio / Principle

The petitioner is to be released on bail in the event of his arrest or surrender before the subordinate court within four weeks from receipt of the order, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each in connection with Charpokhari P.S. Case No. 74 of 2024, to the satisfaction of the Judicial Magistrate, 1st Class, Bhojpur at Ara, subject to the conditions under Section 438(2) Cr.P.C. and additional conditions imposed.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — GRANTED. Petitioner Anil Sah @ Anil Kumar, a student without criminal antecedent, apprehended arrest in connection with Charpokhari P.S. Case No. 74 of 2024 (District Bhojpur), an FIR lodged on 29.03.2024 by informant Sumitra Devi under Sections 341, 323, 354, 504, 506 and 34 of the Indian Penal Code. Prosecution story: the petitioner (Dewar) along with Mannu Sah allegedly came and tried to outrage the informant's modesty; upon alarm other family members joined the assault; the allegation of assaulting the nephew on the head causing injury is against Mannu Sah and Shailendra Sah. Petitioner's counsel urged the FIR was exaggerated with no role of assault on the petitioner; the learned APP opposed, noting the allegation of attempting to outrage the modesty of his sister-in-law (Bhabhi). Finding the petitioner a student with no criminal antecedent, the main assault allegation lying against Mannu Sah and Shailendra Sah, and his undertaking to cooperate in the investigation and diligently appear in trial, the Court (Rajiv Roy, J) extended the privilege of anticipatory bail: release upon arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Bhojpur at Ara, subject to Section 438(2) Cr.P.C. conditions plus: a family-member/relative bailor providing an official bona fide document; attendance on every Trial Court date (failure on two consecutive dates without plausible reason triggering cancellation by the Trial Court itself); fortnightly reporting at the concerned police station for six months; cooperation in investigation; no witness inducement/tampering; and desistance from fresh offences.