The High Court at Patna granted bail to Priti Kumari, the wife of the deceased, in a murder case (IPC sections 302/201). She was ordered to furnish a bail bond of Rs. 10,000 with two sureties.
The petitioner was directed to be enlarged on bail on furnishing a bail bond 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.11011 of 2017
Arising Out of PS.Case No. -7 Year- 2016 Thana -RAJGIR District- NALANDA
(BIHARSHARIFF)
====================================================== 1. Priti Kumari Wife of Late Avinash Kumar @ Pankaj Kumar, Resident of Village and P.S. Shahajahanpur, District Patna at present D/o Shiv Mali @ Shiv Tanga, Resident of Shiv Asthan Colony Rajgir P.S. Rajgir, District Nalanda.
.... .... Petitioner/s
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioner seeks bail in Rajgir P.S. case No. 7 of 2016 under Section 302/201 of the Indian Penal Code.
The case was lodged against unknown after recovery of dead body of a male. The father of the deceased identified the dead body and disclosed that deceased had illicit relationship with his own sister-in-law and that his why his in-laws and wife might have committed murder of his son.
It is submitted that similarly situated other accused persons have already been enlarged on bail and the petitioner happens to be wife of the deceased. There is no material to show
Patna High Court Cr.Misc. No.11011 of 2017 (3) dt.23-03-2017
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that petitioner committed the murder of her husband.
Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is 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 Additional Chief Judicial Magistrate-IV, Nalanda at Biharsharif in Rajgir P.S. Case No. 7 of 2016.
(Prabhat Kumar Jha, J)
BKS/-
U T
3 issues framed by the court
Whether bail should be granted to the petitioner, who is the wife of the deceased, in a murder case.
Whether the petitioner needs to furnish a bail bond and provide sureties.
Whether there is material linking the petitioner to the murder of her husband.
1 provisions across 1 enactments
Priti Kumari
State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
