A one-paragraph criminal miscellaneous order granting bail to an elderly female first-time offender who pleaded inordinate delay in the FIR, contradictory victim statements, and lack of criminal antecedents.
Released on bail on furnishing bond of Rs. 10,000/- with two sureties of like amount.
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.
Patna High Court Cr.Misc. No.15655 of 2014 (2) dt.03-06-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15655 of 2014 ====================================================== Lal Muni Devi W/O Late Buchu Mahto Resident Of Village Hasanpur, Police Station Mahnar, District Vaishali. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 03-06-2014 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366A, 323, 504 and 34 of the Indian Penal Code.
It is contended that the alleged incident of occurrence is said to have taken place on 7th January, 2009 but a complaint in this regard was filed after inordinate delay on 10th February, 2009 in the Court.
The victim, Sarmila Kumari, was subsequently recovered and her statement was recorded under Section 164 of the Code of Criminal Procedure, in which she has given a completely different story than what has been narrated in the original complaint.
It is further contended that the petitioner is an old
Patna High Court Cr.Misc. No.15655 of 2014 (2) dt.03-06-2014
lady aged about 66 years and has no criminal antecedent.
Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahnar P.S. Case No.20 of 2009.
V.P.Sinha/-
(Ashwani Kumar Singh, J)
1 issue framed by the court
Whether the petitioner is eligible to be released on bail in a case involving offences under Sections 363, 366A, 323, 504 and 34 of the Indian Penal Code.
2 provisions across 2 enactments
Lal Muni Devi
The State Of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
