In a bail petition under Section 439 CrPC in a case involving murder and grievous hurt, the High Court granted bail to female petitioners as there were no specific charges against them, considering their gender.
Petitioners directed to be 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.27824 of 2015 Arising Out of PS.Case No. -28 Year- 2015 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. Dipali Devi W/o Akhilesh Singh 2. Manju Devi W/o Awadesh Singh
.... .... Petitioner/s
Versus
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. T.P.Mandal (App)
====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
The petitioners seek bail in a case for the offences punishable under sections 341, 324, 323, 307 and 302 of the I.P.C Allegedly, the petitioners along with other co-accused persons variously armed with Sword, Farsa, Barchhi and Lathi assaulted the informant and his three sons when they went to orchard to spray medicine and during course of treatment Niranjan
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Singh, son of the informant, died.
Submission is of false implication and that the petitioners are ladies and against them there is no specific allegation. They are suffering in custody since 14.03.2015. During investigation the informant in his further statement has stated that co-accused Awadhesh Singh gave blow with Dab on Niranjan Singh resulting he started scrambling and fell down and further witness Hira Mahto has also stated that Awadhesh Singh gave Dab blow on Niranjan Singh and cut him at various places and as such the petitioners deserve sympathetic consideration, to which the learned A.P.P. fairly submits that the petitioners are ladies and against them charge sheet has already been submitted.
In the facts and circumstances as stated above, considering the gender of the petitioners and further that against them there is no specific allegation and as such the petitioners are directed to 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 Sri Praveen Kumar, J.M. 1st Class, Motihari East Champaran in Sangrampur P.S. Case No. 28 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the
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petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.
(Jitendra Mohan Sharma, J)
Abhay/-
U T
1 issue framed by the court
Whether female petitioners accused of grievous hurt and murder are entitled to bail in view of specific allegations against them.
1 provisions across 1 enactments
Dipali Devi W/o Akhilesh Singh
Manju Devi W/o Awadesh Singh
Guriya Devi W./o Rajesh Singh
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
