The Patna High Court granted bail to the petitioner in a case involving offences under Sections 498-A, 324, 307 r/w 34 and 304-B IPC, noting the deceased's statement regarding an accidental burn.
Petitioner granted bail on Rs. 5,000 bond with two sureties, subject to conditions regarding address, trial attendance, and legal representation.
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.8144 of 2013 ====================================================== 1. Umesh Rai S/O Late Jhalaf Rai, R/O Tejabigha, P.S. Bakhtiyarpur, District - Patna .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4/ 11-04-2013 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the offence under Section(s) 498-A, 324, 307/34 and 304-B Indian Penal Code.
Considering that the deceased herself stated in her statement recorded in hospital before the police authorities that she was burnt accidentally, 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 Additional Chief Judicial Magistrate, Barh, Patna, in connection with Bakhtiyarpur P.S. Case No.88/2012, 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
Patna High Court Cr.Misc. No.8144 of 2013 (4) dt.11-04-2013
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petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, and (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
JA/-
(Anjana Prakash, J)
1 issue framed by the court
Whether the petitioner is eligible for release on bail given that the deceased stated the accident was accidental in her police statement.
1 provisions across 1 enactments
Umesh Rai
The State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
