Petitioners languishing in custody for murder and hatching conspiracy sought bail. The court considered lack of corroborating evidence in post-mortem report regarding intoxicants and released them on bail bonds.
Released on bail on furnishing bonds of Rs.10,000 each with two sureties of the like amount.
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.13186 of 2015
Arising Out of PS.Case No. -165 Year- 2014 Thana -DHANAHA District- WESTCHAMPARAN (BETTIAH) ====================================================== 1. Yogi @ Yogendra Madhesiya son of Radheshyam Madhesiya, resident of village- Tekuatar Dih Tola, P.S.- Ramkala, District- Kushinagar (U.P.) 2. Subhash Tiwari son of Rajendra Tiwari, resident of villageHariharpatti, Tekuatar, P.S.- Ramkala, District- Kushinagar (U.P.) .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 04-05-2015 Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 30.01.2015 in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code. On recovery of a dead body of an unknown with a Mafler wrapped in the neck FIR against unknown was registered. Subsequently, dead body was identified by the brother of the victim. Thereafter, suspicion was raised against the petitioners since the victim found his sister-in-law (Bhabhi) in objectionable position with the Headmaster of school, Amarnath
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Madhesiya, thereafter, Amarnath Madhesiya threatened the victim. Both the petitioners confessed their guilt before the police and stated that the victim was administered liquor and thereafter he was strangulated. The wife of the victim also suggested that the victim went to the residence of petitioner no. 1 to attend dinner party on 08.11.2014 and thereafter he did not return.
It is submitted by learned counsel for the petitioners that only on suspicion the accusation has been levelled as the victim went missing on 08.11.2014 but no action was taken the family members even dead body was not identified and the FIR was lodged against unknown. The confession of the petitioners before the police does not get corroborated from the post-mortem report since in the stomach neither the liquor nor any food was found. Moreover, the statement of the wife of the victim was recorded on 29.12.2014 when the FIR was registered on 09.11.2014. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent and the investigation has already concluded.
Considering the aforesaid facts, 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 Additional Chief
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Judicial Magistrate, Bagaha, West Champaran in connection with Dhanaha P.S. Case No. 165 of 2014.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioners accused under Sections 302 and 201 IPC should be released on bail pending investigation.
1 provisions across 1 enactments
Yogi @ Yogendra Madhesiya
Subhash Tiwari
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
