Babita Devi v. The State of Bihar
Case at a glance
Outcome
Bail granted
antecedent, this anticipatory bail is allowed and it is ordered that
Provisions considered
- Indian Penal Code, 1860 ss. 147, 148, 149, 307, 323, 324, 325, 341, 354, 379, 447, 504
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 66. Considering the simple nature of injuries and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged…
Judgment
Nand Kishore Rai Son Of Padarath Rai Resident Of Village- Pyarepur, Ps- Patory, Dist- Samastipur
Darshan Rai @ Darshan Ray @ Ram Darshan Rai Son Of Ramlonin Ray Resident Of Village- Pyarepur, Ps- Patory, Dist- Samastipur The State of Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s For the State For the Informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER Mr. Ajay Kumar, Advocate Mr. Mritunjay Kumar Nirala, A.P.P. Mr. Pramod Kumar Singh, Advocate : : : 3 19-06-2024 Heard learned counsel for the petitioners, informant and the State.
Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 324, 325, 307, 354, 379, 504 of the Indian Penal Code.
3. As per the prosecution case, dispute with regard to the pathway led to quarrel between the parties in which it is alleged that these petitioners assaulted the informant and his family members with lathi.
4. It is submitted that the injuries allegedly caused by Patna High Court CR. MISC. No.23530 of 2024(3) dt.19-06-2024 the petitioners were found to be simple in nature. Case and counter case. Petitioners have got clean antecedent.
Learned counsel for the informant vehemently opposed the bail application.
Operative part
Considering the simple nature of injuries and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Samastipur in connection with Patory P. S. Case No. 618 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Navya/- U T (Prabhat Kumar Singh, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: antecedent, this anticipatory bail is allowed and it is ordered that
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 147, 148, 149, 307, 323, 324, 325, 341, 354, 379, 447, 504; Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.