In Criminal Miscellaneous No.43449 of 2013, the Patna High Court granted bail to accused Mithilesh Raut, noting a discrepancy between the charge of murder in the information and Section 306 culpable homicide in the chargesheet.
Direction to release the petitioner on bail by furnishing a 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.43449 of 2013 ====================================================== Mithilesh Raut Son Of Chandra Raut Resident Of Village - Narayanpur, Dedhpura, P.S.- Mahnar, District - Vaishali .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 13-11-2013 Heard learned counsel for the petitioner and the State. Petitioner is an accused of this case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.
Informant’s sister Sabnam Devi was married in the year 2002 with the petitioner. She died thereafter and a case was lodged under Section 302 of the Indian Penal Code.
Submission is that it is not a case under Section 302 of the Indian Penal Code since chargesheet has been submitted framing under Section 306 of the Indian Penal Code. Copy of the chargesheet has been produced at the time of hearing.
Considering the facts and circumstances of the case, petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief
Patna High Court Cr.Misc. No.43449 of 2013 (2) dt.13-11-2013
2/2
Judicial Magistrate, Vaishali at Hajipur, in connection with
Mahnar P. S. Case No. 14 of 2010.
(Shyam Kishore Sharma, J)
sudip/-
1 issue framed by the court
Whether the petitioner charged under Section 302 IPC should be released on bail when the chargesheet was framed under Section 306 IPC.
1 provisions across 1 enactments
Mithilesh Raut
The State Of Bihar
SHYAM KISHORE SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
