The Court granted bail to the petitioner, an accused in a murder case, upon furnishing a bond of Rs.10,000 with two sureties of similar amount, after hearing counsel.
Petitioner directed to be released on bail on furnishing a bond of Rs.10,000 with two sureties of like amount each.
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.38322 of 2013 ====================================================== Shailesh Kumar @ Shailesh Prasad, son of Late Prasadi Mahto, resident of Village Harihar Bigha, Police Station- Ben, District-Nalanda. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 11-09-2013 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner is an accused in connection with Ben Police Station Case No.38 of 2013 registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is the uncle of the informant Puja Devi and brother of her father and has been falsely implicated in this case. In fact, the petitioner is separate to Santosh Prasad, father of the informant and had no reasonable motive behind the occurrence. It is also submitted that while the occurrence is said to be of 25.01.2013 about moving of co-accused Santosh Prasad, father of informant along with his wife on 24.01.2013 on the pretext of withdrawing money from Post Office at Parwalpur, but
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both did not return on that date but the F.I.R. has been lodged after 35 days on 02.03.2013.
The prosecution case in brief is that the informant Puja Devi, her father Santosh Prasad along with her mother Girja Devi and sister Suman Kumari used to reside in Mohalla Ramchandrapur in the house of Maheshwari Devi on rent. On 24.01.2013 her father Santosh Prasad along with her mother Girija Devi moved for Post Office situated at Parwalpur to withdraw the money while she was not ready to go. When her father and mother did not return after 3-4 days, then she went to her Nanihal in village Lakshmi Bigha and informed her grand maternal uncle Ram Kishun Prasad who went to Harihar Bigha where it was learnt that the informant’s father Santosh Prasad, her uncles Ram Jiwan, Shailesh Prasad and nephew Sandeep Kumar and grand mother Kaushalaya Devi had killed her mother Girija Devi and disappeared her dead body. The cause of occurrence was that her father Santosh Prasad wanted to remarry while her mother was not ready.
Under the aforesaid facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with
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two sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Ben Police Station Case No.38 of 2013.
(Rajendra Kumar Mishra, J)
Sunil/-
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in the pending criminal case under Sections 302, 201 and 34 of IPC.
Shailesh Kumar @ Shailesh Prasad
The State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
