The Patna High Court in an oral order granted anticipatory bail to the petitioner in a murder case, citing lack of post-mortem correlation with assault allegations, directing release on surrender within twelve weeks.
Petitioner released on bail upon arrest or surrender within twelve weeks on furnishing bond of Rs.10,000 with two sureties.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24536 of 2013
====================================================== Md. Salim Mian .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 12-09-2013 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code. The accusation is of making assault to sick husband of the informant by accused and his son with fists, slap and lathi. It is submitted that post mortem reflects no external or enternal injury when as per own admission of the informant her husband was sick when it appears that the victim died due to illness. Considering the fact that post mortem does not corroborate the accusation levelled in the F.I.R., let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Shankarpur P.S. Case No. 44 of 2012 on furnishing bail bond of
Patna High Court Cr.Misc. No.24536 of 2013 (2) dt.12-09-2013
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Rs.10,000/-(Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned
C.J.M. Madhepura, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal
Procedure.
U.K./-
(Dinesh Kumar Singh, J)
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in a murder case where post-mortem does not corroborate injury claims.
1 provisions across 1 enactments
Md. Salim Mian
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court