The Patna High Court granted anticipatory bail to the petitioners, who were suspects in a death case where the cause of death remained unascertained. The court directed their release on a bail bond of Rs.10,000 with two sureties.
Petitioners directed to be released on bail on furnishing a bond of Rs.10,000 with two sureties of the like amount each.
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.
Patna High Court Cr.Misc. No.48157 of 2014 (04) dt.21-05-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48157 of 2014
Arising Out of PS.Case No. -34 Year- 2014 Thana -GOVINDPUR District- NAWADA
====================================================== 1. Saro Devi 2. Amunva Devi .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhavesh Kumar-Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh-1(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04 21-05-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.
Deceased, Amarjit Ram, who happens to be married with petitioner no.1, Saro Devi, gone to his sasural on the eve of marriage of his brother in-law (Sala) on 05.03.2014. On 18.03.2014, informant, father of deceased was informed that dead body of Amarjit Ram has been found near culvert, which has been lifted to her house. Informant along with others reached there and found ligature mark around neck of deceased and on account thereof, construed that deceased was done to death and for that, he has shown suspicion against all the family members including his daughter in-law.
From post mortem report incorporated under Paragraph-35 of the case diary, it is evident that some sign was
Patna High Court Cr.Misc. No.48157 of 2014 (04) dt.21-05-2015
found around the neck of deceased, but that does not happen to be the cause of death, more particularly, the doctor could not be able to ascertain the cause of death and on account thereof, viscera was transmitted to Forensic Science Laboratory for chemical examination wherefrom, also it has gone negative finding over presence of any foreign substance including poison, the cause of death. Furthermore, none is an eye witness to occurrence.
Accordingly, petitioners, Saro Devi and Amunva Devi each are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Nawada in connection with Sessions Trial No.209 of 2014 arising out of Gobindpur P. S. Case no.34 of 2014.
Office is directed to transmit the F.S.L. Report to the learned lower Court for the needful.
(Aditya Kumar Trivedi, J)
Vikash/-
U T
1 issue framed by the court
Whether the petitioners are entitled to bail in the criminal trial arising out of the PS case despite uncertainty regarding the cause of death.
1 provisions across 1 enactments
Saro Devi
Amunva Devi
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
