The Patna High Court granted bail to the petitioner, the deceased's brother-in-law, in a police station case. The court noted the lack of specific motive in the FIR and found no concrete evidence against him except suspicion.
Petitioner released on bail on furnishing bond of Rs 10,000/- with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36387 of 2015
Arising Out of PS.Case No. -249 Year- 2012 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ====================================================== 1. Nikil Kumar @ Nikil Chaudhary, Son of Late Kishori Chaudhary resident of Village- Ashoi Turki, P.S.- Bhagwanpur, District- Vaishali at Hajipur. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Udai Shankar Singh For the Opposite Party/s : Mr. Dasrath Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 5 10-11-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be younger brother-in-law of the deceased and admittedly, none has seen actual killing of the deceased. Although the informant stated in his written report that deceased was subjected to cruelty and harassment by her inlaws including the petitioner, but no specific motive for killing of the deceased has been averred in the first information report.
In course of investigation, it came to light that prior to her death, the deceased was in constant touch with the holder of mobile No. 8676005394 and it also came to light that the deceased
Patna High Court Cr.Misc. No.36387 of 2015 (5) dt.10-11-2015
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had sweet relation with one Balind.
Moreover, taking note of this fact that except suspicion, there appears to be nothing against the petitioner, let the petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bhagwanpur P.S. Case No. 249 of 2012 to the satisfaction of Smt. Niharika, Judicial Magistrate-Ist Class, Vaishali at Hajipur.
(Hemant Kumar Srivastava, J)
A.K.V./U T
1 issue framed by the court
Whether to grant bail to the petitioner who is the younger brother-in-law of the deceased in a post mortem inquiry case.
Nikil Kumar @ Nikil Chaudhary
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
