A bail order granting release to a husband detained since 2015 in a murder (302 IPC) and cruelty (498A IPC) case. The court relied on delayed complaint, three-year lapse, and informant retraction to allow bail with financial bonds.
Released on bail by furnishing bonds 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.2675 of 2016
Arising Out of PS.Case No. -100 Year- 2014 Thana -NIMCHAKBATHANI District- GAYA ====================================================== Mithilesh Chaudhary Son of Birju Chaudhary Resident of Village - Mai, P.S. - Nimchak Bathani, District - Gaya .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 04-04-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the victim is languishing in custody since 24.11.2015 in a case registered for the offences punishable under Sections 302, 201 and 498A of the Indian Penal Code.
The accusation is of killing the daughter of the informant after about ten years of the marriage on 04.03.2011 by assaulting her and disposing of the dead body.
It is submitted by learned counsel for the petitioner that the informant came to know about the death on 05.03.2011 when the complaint was filed on 30.04.2011 which came to be registered as police case on 14.08.2014. Subsequently
Patna High Court Cr.Misc. No.2675 of 2016 (03) dt.04-04-2016
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the informant has retracted from the initial version and filed a petition to that effect before the learned court below.
Considering the delayed lodging of the complaint, not pursuing the complaint for three years and retracted version of the informant, let the above named 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 learned Judicial Magistrate, Ist Class, Gaya in connection with Neemchak
Bathani P.S. Case No. 100 of 2014.
(Dinesh Kumar Singh, J)
DKS/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail considering the delayed complaint, inaction for three years, and retraction by the informant.
Whether the conditions of bail should include a monetary bond with sureties.
Mithilesh Chaudhary
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
