In a criminal bail matter, the High Court of Patna heard arguments regarding the petitioner's alleged complicity in a murder. The court reviewed witness contradictions but held it was not a fit case to grant bail prior to the framing of charges.
Prayer for bail rejected; petitioner directed to renew prayer after framing of charges.
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.54317 of 2016
Arising Out of PS.Case No. -19 Year- 2016 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH)
====================================================== 1. Khushnama, daughter of Mainuddin, resident of village - Jhumka, Police Station - Sikta, District - West Champaran. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
3 23-12-2016 Heard learned counsel for the petitioner as well as
learned APP.
Informant who happens to be mother of the deceased
had lodged Fard-e-beyan to the effect that at about 3:00 AM, when she awoke for prayer, she found her daughter missing. While she was making search, people came and informed that her dead body is lying in a field whereupon, she rushed and found the dead body. She was throttled to death.
Learned counsel for the petitioner submits that there happens to be no direct evidence. Circumstantial evidence is also so weak in nature whereupon, petitioner’s complicity is found shaky one. To substantiate the same, it has been submitted that no motive has been assigned. Furthermore, to implicate petitioner, one girl alleged to be daughter’s daughter of informant, Asmat Jahan aged about 14 years has been brought up whose statement has been recorded under para-14 of the case diary. After going through the same, it is evident that she had given different story
Patna High Court Cr.Misc. No.54317 of 2016 (3) dt.23-12-2016
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than that of informant. Further elaborating, submitted that as per informant, deceased had slept along with her but according to Asmat Jahan while deceased was cleaning utensil, she along with the deceased had gone with the petitioner to her house. Furthermore, she had not stated that she had ever said with regard to event to her maternal grand-mother, informant. Furthermore, it has also been submitted that informant giving a kick to her Fard-ebeyan had followed version of her daughter’s daughter as recorded under para-43, further statement. So submitted that in the aforesaid facts and circumstances of the case, the last seen theory is also not found duly corroborated whereupon, petitioner should be released on bail.
Learned APP opposed the prayer.
Considering the statement of Asmat Jahan, for the
present, I do not see it a fit case for grant of bail. Accordingly, prayer for bail is rejected.
However, petitioner, if so advised, may renew her prayer for bail after framing of charge.
(Aditya Kumar Trivedi, J)
perwez
U T
2 issues framed by the court
Whether the present circumstances constitute a fit case to grant bail before the framing of charges in a murder case.
Whether the contradiction in statements of witnesses weakens the last seen theory against the petitioner.
Khushnama
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
