Patna High Court allowed bail to two petitioners in a case involving the death of Neha Kumari, noting lack of injuries and uncertain cause of death, directing release on bonds and sureties.
Petitioners released on bail on furnishing bonds of Rs 10,000 with two sureties each to the satisfaction of C.J.M. Siwan.
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Patna High Court Cr.Misc. No.32043 of 2014 (2) dt.22-09-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32043 of 2014
Arising Out of PS.Case No. -33 Year- 2013 Thana -NAUTAN District- SIWAN ====================================================== 1. Mukesh Gupta S/o Ramchandra Gupta @ Ram Chandra Prasad 2. Ramchandra @ Prasad Ramchandra Gupta S/o Late Shivratan Sah Both Resident of village and P.S. Nautan, district - Siwan .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Dubey For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 2 22-09-2014 Heard the parties. Petitioner no.2 Ramchandra Prasad @ Ramchandra Gupta is father of husband of the deceased Neha Kumari who was married to his son Rakesh Gupta three years prior to the occurrence. The Informant stated that he was informed by the accused persons that the deceased is ill and as such they brought her to Sadar Hospital, Siwan for treatment and had in fact admitted her there and when the informant came, he found the deceased dead.
The postmortem report did not indicate any external or internal injury. The doctor was also not sure about the cause of death and he preserved the viscera and reserved his opinion till report of chemical examination of it.
Patna High Court Cr.Misc. No.32043 of 2014 (2) dt.22-09-2014
Submission was that petitioner No. 1 Mukesh Gupta son of petitioner no.2 was residing with his father in the village and the deceased Neha Kumari was residing with her husband in the township of Siwan on account of her husband being a doctor. They did have no concern about the affairs of husband of Neha Kumari and as suggested by the medical report, it may not be a case under section 302 I.P.C.
Be that as it may, regard being had to the facts and circumstances of the case, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M. Siwan in Nautan P.S. Case No. 33 of 2013.
(Dharnidhar Jha, J)
B.Kr./-
U T
2 issues framed by the court
Whether accused persons should be released on bail in a case involving death suspiciously witnessed.
Whether the facts indicate the cause of death under section 302 IPC.
Mukesh Gupta
Ramchandra Gupta
The State of Bihar
Dharnidhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
