The High Court at Patna, on an oral order, granted bail to the petitioners who were accused of murdering and disposing of their mother. They were to furnish a bail bond of Rs. 10,000 with two sureties.
Petitioners directed to be released on bail on furnishing bail bond of Rs. 10,000 with two sureties.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48480 of 2013
===================================================== 1. Om Prakash Singh. 2. Ved Prakash Singh. Both are the sons of Late Laxmi Naraiyan Singh and are the resident of village-Narauli Dih, P.S. Mushari, District-Muzaffarpur. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------------
6 04-04-2014 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in connection with Mushari P.S. Case No.50 of 2012 registered under Sections 302 and 201/34 of the Indian Penal Code.
F.I.R. has been lodged by Jai Prakash Singh, the own brother of the petitioners, claiming that on hearing the cry of his mother, he went to the house of the petitioners where he found both the petitioners standing at the door of the room and in the room his mother was crying and from the window, the informant saw that his mother is crying due to burning. While the informant tried to extinguish the fire by throwing water but the petitioners threatened him and, thereafter, the petitioners disposed of the dead body of their mother.
Learned counsel appearing on behalf of the petitioners
Patna High Court Cr.Misc. No.48480 of 2013 (6) dt.04-04-2014 2/3
submits that, in fact, the deceased, the mother of the informant and the petitioners, was getting pension and to take the amount of pension, there was dispute in between the informant and the petitioners regarding which a panchayati was also arranged, due to that reasons, the mother of the petitioners and the informant was fed up and she committed suicide by locking the door of the bathroom of the house by sprinkling kerosene oil. In paragraph-5 of the case diary, the details of the place of occurrence has been given and the same has been shown as bathroom. It is further submitted that while the informant has claimed in the fardbeyan that on hearing the cry of his mother, he went to the house of the petitioners and saw both the petitioners standing in front of the door of the room in which his mother was set on fire but the wife of the informant in paragraph-6 of the case diary has stated that she came to know about the occurrence in the morning. Moreover, the police on investigation of the case submitted the chargesheet under Sections 306 and 201 of the Indian Penal Code. The petitioners are in custody since 19.9.2013.
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
Patna High Court Cr.Misc. No.48480 of 2013 (6) dt.04-04-2014
3/3
of the Chief Judicial Magistrate, Muzaffarpur, in connection with
Mushari P.S. Case No.50 of 2012.
(Rajendra Kumar Mishra, J)
P.S./-
1 issue framed by the court
Whether bail should be granted to the petitioners in the present murder case.
2 provisions across 1 enactments
Om Prakash Singh
Ved Prakash Singh
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
