The Patna High Court granted anticipatory bail to petitioners charged under IPC 302/34, ordering their release if arrested within 12 weeks upon furnishing bonds and sureties, based on allegations of false post-mortem report.
Released on anticipatory bail if arrested/surrendered within 12 weeks, subject to bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8298 of 2013
====================================================== 1. Basudeo Sao 2. Kamli Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 04-04-2013 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
It is alleged that the wife of the informant went to take water from the hand pump which was objected by the accused persons when she resisted she was being assaulted with fists and slaps as a result of which the wife of the informant died.
It is submitted by learned counsel for the petitioners that the post-mortem reflects no external or internal injury when accusation was found false and final form was submitted but differing with the same cognizance has been taken.
Patna High Court Cr.Misc. No.8298 of 2013 (2) dt.04-04-2013 2/2
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Sherghati, Gaya in connection with Barachatti P.S. Case No. 256 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J.)
DKS/
2 issues framed by the court
Whether anticipatory bail should be granted against arrest in an IPC 302/34 case upon alleging false post-mortem findings.
Whether the petitioner will surrender before the court within 12 weeks and furnish bond conditions.
1 provisions across 1 enactments
Basudeo Sao
Kamli Devi
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
