Single judge allowed interim bail to petitioners faced with murder and culpable homicide charges conditional upon surrender within six weeks of the order, citing privilege granted to a similarly situated accused.
Interim bail granted conditional on surrender within six weeks; application disposed of.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.899 of 2013
====================================================== 1. Nand Kishore Sah S/O Late Rit Lal Sah Resident Of Village- Bashantpur Gaush,P.S- Sakra, District- Muzaffarpur. 2. Shushila Devi W/O Nand Kishore Sah Resident Of Village- Bashantpur Gaush,P.S- Sakra, District- Muzaffarpur. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 02-05-2013 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 120(B)/34, 201 and 302 of the Indian Penal Code. The police reached to the place of cremation when the dead bodies of a male and a female were being cremated. Subsequently, it was found that female was the sister of the petitioner no.1 when the petitioner no. 2 is the wife of petitioner no.1. It is submitted by learned counsel for the petitioners that only on suspicion, accusation has been levelled when similarly situated accused person Sunaina Devi whose name appeared in the First Information Report has been granted regular bail by
Patna High Court Cr.Misc. No.899 of 2013 (4) dt.02-05-2013
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this court vide Cr. Misc. No. 44644 of 2012.
This Court sees no reason for the learned
court below not to give the same privilege to the
petitioners if they surrender within a period of six
weeks from the date of receipt of copy of this order
in connection with Sakra P.S. Case No. 139 of 2012
pending in the court of the learned C.J.M.
Muzaffarpur.
With this observation, the application is
disposed off.
Let the order be faxed to the learned court
below at the cost of the parties.
U.K./-
(Dinesh Kumar Singh, J)
1 issue framed by the court
Whether petitioners are entitled to regular bail in a murder-murder case on similar grounds to a similarly situated accused who was granted bail.
1 provisions across 1 enactments
Nand Kishore Sah
Shushila 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