This oral order by the Patna High Court granted bail to two petitioners accused of murder and dowry death. The court directed their release on furnishing a Rs. 10,000 bond with sureties pending trial in the criminal case.
Released on bail on furnishing bond of Rs. 10,000 each with two sureties to the satisfaction of the C.J.M., Begusarai.
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Patna High Court Cr.Misc. No.36424 of 2013 (5) dt.09-04-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36424 of 2013
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.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 5 09-04-2014 Heard learned counsel for the petitioners and the
Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with Muffassil P.S. Case No. 162 of 2013 registered under Sections 302 and 201/34 of the Indian Penal Code.
The allegation of informant, Sone Lal Paswan, is that the marriage of his younger daughter, Kajo Devi, was performed with petitioner, Shankar Paswan before five years and out of said wedlock, two children were born. His daughter was being assaulted by her husband and father-in-law due to domestic dispute. On 11.05.2013, in the morning, he received information that his daughter, Kajo Devi, was killed by her husband and father-in-laws and her dead body was also disposed off. Thereafter informant went at the Sasural of his daughter and found that no body was present there.
Learned counsel for the petitioners submits that, in
Patna High Court Cr.Misc. No.36424 of 2013 (5) dt.09-04-2014
fact, petitioners are the husband and father-in-law of the deceased, Kajo Devi, who died due to biting snack and the informant and his other family members have also participated in the last ceremony but due to ulterior motive informant has lodged the false case against the petitioners. It is further submitted that while it is alleged in the F.I.R. that on 11.05.2013, the informant went at the house of the petitioners and found that both petitioners were not present in their house but it would appear from the case diary that on the same day after lodging the F.I.R., the petitioners were caught hold from their house. It is also submitted that Investigating Officer had not recorded the statement of covillagers of petitioners and only statement of informant and his family members were recorded. It is further submitted that petitioners are in custody since 11.05.2013.
Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Muffassil P.S. Case No. 162 of 2013.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
1 issue framed by the court
Whether the petitioners accused under Sections 302 and 201 IPC in a murder case should be released on bail.
Pankaj Paswan
Shankar Paswan
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
