Petitioner sought bail in a murder case. Due to lack of direct evidence against her and her undertaking to appear at trials, the court granted bail with surety conditions.
Petitioner released on bail upon furnishing a bond of Rs. 5,000 with two sureties and complying with specific conditions of appearance.
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.3302 of 2013 ====================================================== 1. Hushn Tara Khatun, W/O Late Sabir Ali Anshari, R/O Mohalla - Ishlamiya Nagar, Lakshmipur, P.S. Siwan ( Town ), District - Siwan .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4/ 08-04-2013 Heard learned counsel for the Petitioner and the State.
The Petitioner seeks bail in a case instituted for the offence under Section(s) 302, 201, 120-B Indian Penal Code.
Prosecution case is that the brother of the Informant was working in a foreign country. In his absence, his wife i.e. the present Petitioner had become of loose character and was having affair with one Adil. On 18.04.2012, she got a Septic Tank constructed in her house and closed the same on 19.04.2012. Since then, the brother of the Informant was missing. During investigation, on 02.05.2012, when Septic Tank was opened, dead body of the Informant’s brother was recovered. It was suspected that the Petitioner on account of the motive mentioned above had committed murder of the deceased along with other co-accused.
Considering that there is no direct material against
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the Petitioner and the fact that trial is going on as also undertaking of the Petitioner that she will physically present on each date of trial, let the Petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Siwan (Town) P.S. Case No.131 of 2012, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner and another bailor shall be Belal Ansari, cousin brother of the Petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, and (ii) That the petitioner shall be physically present on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.
(Anjana Prakash, J)
JA/-
1 issue framed by the court
Whether the petitioner should be released on bail given the pendency of trial and lack of direct material against her.
1 provisions across 1 enactments
Hushn Tara Khatun
The State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
