The High Court granted bail to the petitioner, husband of the victim, charged with murder under sections 302 and 120B/34 IPC, considering inadequate injury evidence and concluded investigation.
Petitioner to be released on bail furnishing bonds of Rs. 10,000/ with two sureties of 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.24587 of 2015
Arising Out of PS.Case No. -237 Year- 2014 Thana -GORICHAK District- PATNA ====================================================== Sanjit Ram son of Ramautar Ram resident of Vishambhar Tola Kandap, P.S. Gaurichak, District - Patna. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jagdhar Prasad For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 21-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the victim is languishing in custody since 12.03.2015 in a case registered for the offences punishable under Sections 302 and 120B/34 of the Indian Penal Code.
The accusation is of killing the daughter of the informant after ten years of the marriage. It is submitted by learned counsel for the petitioner that post-mortem report reflects only one bruise of marginal size on the right leg which has not been found sufficient for causing death, hence, the viscera has been preserved. Admittedly the informant is not the eye witness to the occurrence and only
Patna High Court Cr.Misc. No.24587 of 2015 (2) dt.21-07-2015
2/2
on suspicion the accusation has been leveled. Moreover, the investigation has already concluded.
Considering the fact that the impugned order does not reflect any direct evidence being collected during investigation and the investigation being concluded, 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 Judicial Magistrate, Ist Class, Patna City in connection with Gaurichak P.S. Case No. 237 of 2014.
(Dinesh Kumar Singh, J)
DKS/-
U T
2 issues framed by the court
Whether the petitioner charged with murder should be released on bail at this stage.
Whether the lack of direct evidence and conclusion of investigation warrants bail.
Sanjit Ram
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
