The Patna High Court granted bail to the petitioner, husband of the deceased charged with murder, after reviewing the case diary and prosecution witness turnout.
Petitioner released on bail by furnishing bonds of Rs. 10,000/- 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.23535 of 2016
Arising Out of PS.Case No. -151 Year- 2014 Thana -ANDER District- SIWAN ====================================================== 1. Shailendra Singh, Son of Shyam Bihari Singh, Resident of Village: Gopipatiao, P.S. Andar (M.H. Nagar), District: Siwan. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Arun Kumar Singh No.-5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 14-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. Petitioner happens to be husband of the deceased and according to prosecution case itself, the marriage of deceased had taken place with petitioner in the year 2003. Admittedly, deceased died in the year 2014 and after that the present case was lodged. It is also admitted case that at the time of her death, deceased was carrying pregnancy.
Submission on behalf of the petitioner is that deceased got some complications during pregnancy and she was
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got treated in hospital but unfortunately, she died of above stated complications. It is further submitted that at para-39 of the case diary the own sister of the deceased stated that on 17.09.2014 petitioner and his other family members were assaulting the deceased in her presence and she could not give information to her parents about the aforesaid assault because her parents were in hospital in connection with their treatment. It is submitted on behalf of the petitioner that except the statement of aforesaid witness, not a single prosecution witness came forward to support the prosecution case and moreover, the present case was lodged on 19.09.2014 and admittedly, the sister of the deceased did not make any complain with her parents or before any police official.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Andar P.S. Case No. 151 of 2014.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a charge of murder and causing rare offence.
1 provisions across 1 enactments
Shailendra Singh
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
