This is an oral order granting regular bail to the petitioner, who was father of the deceased. Though FIR alleged death by pressing neck, medical reports showed no neck injury, though frock stains were noted. Bail granted on Rs.10,000 bond.
Petitioner directed to be released on bail on furnishing bond of Rs.10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.23053 of 2012 (3) dt.19-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23053 of 2012
====================================================== 1. Jamadar Parit S/O Late Sita Pandit Resident Of Village- Jamsari, P.S.Uchkagaon, District- Gopalganj .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
3 19-09-2012
Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under Section 302 of the Penal Code.
The petitioner is the father of the deceased and in the first information report it is alleged that the death has been done to death by pressing the neck. However, the inquest report suggests that there is no injury on the person of the deceased and the post mortem report also suggests no injury on the person of the deceased and the only material is the frock of the deceased which sustained stain from nostril and mouth and the doctor has reserved his opinion awaiting the toxological report.
The learned counsel for the State, however, pointed out in paragraph 9 of the case diary where the witnesses have stated that they saw the petitioner pressing the neck by which the deceased succumbed to injury. However, the medical report does not confirm the death by pressing neck and no injury found on the neck. P.W. 9 stated that there is no eye witness to the occurrence and other witnesses only stated that they heard about the death of the deceased. The petitioner is in jail since 14.02.2012.
Hence, having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Uchkagaon P.S. Case No. 220 of 2011 to the satisfaction of the Chief Judicial Magistrate, Gopalganj.
(Gopal Prasad, J)
SA/-
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case for offence under Section 302 IPC.
1 provisions across 1 enactments
Jamadar Parit
The State Of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
