| SooperKanoon Citation | sooperkanoon.com/975086 |
| Subject | Education |
| Court | Patna High Court |
| Decided On | May-11-2012 |
| Appellant | Sanjay Kumar Singh |
| Respondent | The State of Bihar and anr |
Excerpt:
in the high court of judicature at patna criminal miscellaneous no.1574 of 2012 sanjay kumar singh versus the state of bihar & anr ---------------------------------- 02. 11.01.2012. heard learned counsel for the petitioner and learned counsel appearing on behalf of the state. the petitioner apprehends his arrest in a case instituted under sections 493, 494, 495 and 496 of the indian penal code. it is submitted that prior of this case a complaint was filed under section 498a of the indian penal code and in that case the petitioner is on bail. subsequently, another complaint has been filed in which cognizance has been taken under sections 493, 494, 495 and 496 of the ipc. it is contended that ingredients of the offence under section 493 ipc are not attracted in the facts and circumstances of the case. so far as other sections are concerned, they are bailable in nature. be that as it may, considering the facts and circumstances of the case, let the petitioner, namely, sanjay kumar singh in the event of his arrest or surrender before the court below within a period of four 2 weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of rs.5,000/-(five thousand)with two sureties of the like amount each to the satisfaction of sub divisional judicial magistrate, chapra, district-saran in connection with complaint case no.1019 of 2010, trial no.2139 of 2011, subject to the conditions as laid down under section 438(2)of the cr.p.c. b.kr. ( ashwani kumar singh j.)
Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1574 of 2012 Sanjay Kumar Singh Versus The State Of Bihar & Anr ---------------------------------- 02. 11.01.2012. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in a case instituted under Sections 493, 494, 495 and 496 of the Indian Penal Code. It is submitted that prior of this case a complaint was filed under Section 498A of the Indian Penal Code and in that case the petitioner is on bail. Subsequently, another complaint has been filed in which cognizance has been taken under Sections 493, 494, 495 and 496 of the IPC. It is contended that ingredients of the offence under Section 493 IPC are not attracted in the facts and circumstances of the case. So far as other Sections are concerned, they are bailable in nature. Be that as it may, considering the facts and circumstances of the case, let the petitioner, namely, Sanjay Kumar Singh in the event of his arrest or surrender before the court below within a period of four 2 weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs.5,000/-(five thousand)with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Chapra, District-Saran in connection with Complaint Case No.1019 of 2010, Trial No.2139 of 2011, subject to the conditions as laid down under Section 438(2)of the Cr.P.C. B.Kr. ( Ashwani Kumar Singh J.)