In a criminal miscellaneous petition for bail regarding an offence under Section 302 read with Section 34 IPC, the Patna High Court granted bail to the petitioners, directing them to furnish specific bond amounts.
Release of petitioners on bail on furnishing bonds of Rs. 10,000/- each with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18621 of 2014
| ====================================================== 1. Bishwanath Yadav son of Late Ramautar Yadav 2. Ram Naresh Yadav son of Bishwanath Yadav Both are resident of village Koreya, P.S.- Bijayipur, District- Gopalganj. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER |
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| 2 04-06-2014 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners seek bail in a case registered for the offence punishable under section 302 read with 34 of the Indian Penal Code. |
It is contended that though the alleged incident of occurrence is said to have taken place on 16th November, 2013 but the FIR was registered on 28th November, 2013. According to the prosecution case, there is omnibus and general allegation against six accused persons including the petitioners that they assaulted the wife of the informant by fists and slaps on 16th November, 2013. The postmortem report has been annexed as annexure-2 which shows that the victim died on 28th November, 2013 and nothing abnormal was detected by the doctor on the person of the
Patna High Court Cr.Misc. No.18621 of 2014 (2) dt.04-06-2014
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deceased.
Learned counsel for the petitioners has contended that the petitioners are close agnates of the deceased and there is an on going civil dispute between the parties due to which a false case has been instituted against the petitioner and others after the wife of the informant met with a natural death.
Considering the nature of allegation as also the facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Vijaypur P.S.Case No.201 of 2013.
(Ashwani Kumar Singh, J)
Md.S./-
1 issue framed by the court
Whether the petitioners are entitled to bail in a case involving murder and a disputed civil dispute.
Bishwanath Yadav
Ram Naresh Yadav
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
