Oral order granting bail to the petitioner accused in a murder case, subject to surety and conditions to appear in court.
Release of the petitioner on bail on furnishing a bond of Rs. 10,000/- with two sureties.
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.52166 of 2015
Arising Out of PS.Case No. -33 Year- 2015 Thana -BHAIRABASHTHAN District- MADHUBANI ====================================================== Buchchi Mukhiya son of Jhabru Mukhiya, resident of village- Gopalakha, P.S.- Bhairavasthan, District- Madhuban .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 15-12-2015 Heard Mr. Raj Kumar for the petitioner and Mr. Ajit Kumar, APP for the State. The petitioner along with others including the husband of the deceased has been made accuseds in Bhairavasthan P.S. Case No. 33 of 2015 (G.R. Case No. 727 of 2015, S.T. No. 295 of 2015) registered under sections 302/120-B and 201 IPC. The informant, being the brother of the deceased, indisputably, is not the eye-witness. He has alleged that there was strained relationship between the deceased with her husband. She was done to death in her matrimonial home because of illicit relationship with the husband of the deceased and the wife of his younger brother.
Counsel for the petitioner has drawn attention of the
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Court to paragraph 6 of the impugned order in order to contend that at least two children of the deceased in their respective statements have not attributed any allegation of causing injury to the victim. It was the husband of the victim who mercilessly beaten the deceased to death. The petitioner is in custody since 11.05.2015.
Considering the above, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge-VI, Madhubani in S.T. No. 295 of 2015 arising out of Bhairavasthan P.S. Case No. 33 of 2015 corresponding to G.R. No. 727 of 2015 on condition that one of the bailors shall be his own/close family member. The petitioner shall continue to appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall cancel his bail bonds.
(Kishore Kumar Mandal, J)
HR/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in the stated circumstances under the Code of Criminal Procedure.
1 provisions across 1 enactments
BUCHCHI MUKHIYA
THE STATE OF BIHAR
KISHORE KUMAR MANDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
