In a bail petition under Section 302 IPC, the Chief Judicial Magistrate granted bail to the petitioners. The court noted suspicions from the informant's son and an APP admission regarding the deceased's death by suicide as a reason for granting bail.
Enlargement on bail by 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8927 of 2015
Arising Out of PS.Case No. -293 Year- 2014 Thana -DUMRA District- SITAMARHI
====================================================== 1. Mukesh Sah, Son of Indradev Sah 2. Shambhu Sah, Son of Indradev Sah, Both residents of Village - Viswanathpur, P.S. Dumra, District - Sitamarhi .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Ashhar Mustafa, Advocate. For the Opposite Party/s : Ms. Indu Bala Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 01-04-2015 Heard both sides.
The petitioners seek bail in a case under Section 302 and other sections of the Indian Penal Code.
The informant, son of the deceased, suspected that his mother was killed by her father and locals. It appears that the informant is not an eye witness of the occurrence and he only suspects the hands of the petitioners, who happen to be his uncles, in killing of his mother.
It is submitted that during the course of investigation almost all the witnesses have stated that the father of the informant and the husband of the deceased is a drunkard and, on account of this, the deceased might have committed suicide.
Learned A.P.P. did not dispute the above fact.
Considering the facts aforesaid, the above named
Patna High Court Cr.Misc. No.8927 of 2015 (3) dt.01-04-2015
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petitioners are directed to be enlarged 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 Chief Judicial Magistrate, Sitamarhi in Dumra P.S. Case No. 293 of 2014.
Dilip/-
U T
(Prabhat Kumar Jha, J)
1 issue framed by the court
Whether the petitioners can be granted bail in a case under Section 302 IPC.
1 provisions across 1 enactments
Mukesh Sah and Another
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
