Cr.MC. 13087 of 2015: Issue of bail for parents of victim in murder case (Sec. 302 IPC). Court granted bail upon concluding investigation was based on circumstantial evidence and body was unrecovered.
Released on bail on furnishing of Rs. 10,000 each bond with two sureties of like amount to the satisfaction of Judicial Magistrate, Daudnagar.
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.13087 of 2015
Arising Out of PS.Case No. -43 Year- 2014 Thana -BANDIYA District- AURANGABAD ====================================================== 1. Jai Mangal Bind S/o Late Bipat Bind 2. Urmila Devi W/o Jai Mangal Bind. Both R/o Village- Jhikatia, P.S- Bandeya, District- Aurangabad. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Anuj Kr.Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 18-05-2015 Heard learned counsels for the petitioner2 and the State. The petitioners being the parents of the victim are languishing in custody since 05.02.2015 in a case registered for the offences punishable under Sections 302, 201 and 120B/34 of the Indian Penal Code. It is alleged that the Chaukidar while crossing the house of the petitioners came to know through the villagers that the petitioners being the parents of the victim killed her since she was found in objectionable condition with Chandan Raj, who managed to escape from the scene.
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.13087 of 2015 (04) dt.18-05-2015
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petitioner that the entire investigation is based on the circumstantial evidence as there is nothing to suggest that the petitioners killed the victim as till date dead body has not been recovered and the petitioners claimed that the victim eloped with Chandan Raj. The investigation has already concluded.
The learned APP after going through the case diary submits that the witnesses have suggested that the petitioners have killed the victim since they saw the victim in objectionable condition with Chandan Raj but there is nothing on record to suggest that the investigating agency made any endeavour to locate the dead body or the place where the victim was cremated.
Considering the circumstantial nature of accusation and the investigation being concluded, 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 learned Judicial Magistrate, Ist Class, Daudnagar, Aurangabad in connection with Bandeya P.S. Case No. 43 of 2014.
(Dinesh Kumar Singh, J)
DKS/-
U T
2 issues framed by the court
Whether circumstantial evidence is sufficient to warrant continued detainment given investigation is concluded and body unrecovered.
Whether the accused parents of the victim are entitled to bail on furnishing of bond.
1 provisions across 1 enactments
Jai Mangal Bind
Urmila Devi
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
