Oral order rejecting the prayer for anticipatory bail from the Patna High Court in a murder case. The bench directed the petitioners to surrender before the trial court to seek regular bail.
Prayer for anticipatory bail rejected; petitioners directed to surrender for bail application.
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.28611 of 2013 (2) dt.01-10-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28611 of 2013
====================================================== 1. Binod Prajapat S/O Latan Prajapat Resident Of Village- Chatarpur Eksi, P.S.- Fatehpur, District- Gaya 2. Uma Mistri S/O Dwarika Mistri Resident Of Village- Chatarpur Eksi, P.S.- Fatehpur, District- Gaya .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kumar Sinha, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 01-10-2013 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in a case registered under Sections 302/34 of the Indian Penal Code.
Informant’s mother-in-law Meghni Devi aged about 60 years was branded as witch and she was brutally killed. Though there is direct allegation of giving fatal shot is against Ajay Chaudhary but the petitioners’ presence is very much mentioned in the fard-beyan.
Considering the allegation, prayer for anticipatory bail of the petitioners is rejected. They are directed to surrender before the court below and pray for regular bail which shall be disposed of without being prejudiced by this order.
avin/-
(Shyam Kishore Sharma, J)
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners apprehending arrest in a murder case.
Whether to reject the prayer for anticipatory bail and direct surrender for trial.
1 provisions across 1 enactments
Binod Prajapat
Uma Mistri
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
