This oral order grants the petitioner bail in a murder case where he is in custody since January 2015. The court directs furnishing of bail bonds with sureties to the Chief Judicial Magistrate.
Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties to the Chief Judicial Magistrate, Vaishali.
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.14964 of 2015
Arising Out of PS.Case No. -157 Year- 2011 Thana -LALGANJ District- VAISHALI (HAJIPUR)
====================================================== Darshan Mahto Son of Dharbhansi Mahto, Resident of Village - Repura, P.S. Lalganj, District - Vaishali. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 08-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 12.01.2015 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code. The FIR was lodged by the wife of the victim alleging therein that she came to her parents’ house after some scuffle with her husband. On 05.07.2011 at 6.00 A.M. in the morning she heard about a dead body lying near Shiv Mandir she went there to find the dead body of her husband. There was no apparent injury visible but it appears that informant’s husband has been throttled. During investigation the informant and others were made accused. Petitioner is the father-in-law of the victim and the father of the informant.
Patna High Court Cr.Misc. No.14964 of 2015 (02) dt.08-05-2015
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It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled and considering the suspicious nature of accusation and due to lack of direct evidence, the daughter of the petitioner, informant of the present case Ruby Devi and son of the petitioner Ranjit Mahto have been granted anticipatory bail vide Cr. Misc. No. 37167 of 2014. It is further submitted that the petitioner was also petitioner in the above mentioned Cr. Misc. application but he was apprehended and his application was withdrawn vide order dated 16.01.2015, but this fact was not brought to the notice of the Hon’ble Judge, hence, a Co-ordinate Bench of this Court granted anticipatory bail to the petitioner also along with others.
Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 157 of 2011.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a custody case involving offences under Sections 302/34 of the IPC.
1 provisions across 1 enactments
Darshan Mahto
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
