In bail application arising from a murder case, the High Court granted interim bail to the petitioner, apprehending arrest, subject to conditions under Section 438(2) Cr.P.C.
Petitioner granted bail on furnishing bond of Rs. 10,000 with two sureties of 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.14314 of 2017
Arising Out of PS.Case No. -25 Year- 2015 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH)
====================================================== MAIMUL NESHA @ MAMUL NESHA, Wife of Late Sk. Kalim, resident of village - Mahui Nawaka Tola, Police Station Ramnagar, District - West Champaran at Bettiah.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------
6 25-07-2017 Heard learned counsel for the petitioner and the learned
A.P.P. for the State.
The petitioner apprehends her arrest in connection with Ramnagar P.S. Case No.25 of 2015 registered under Sections 302 and 201/34 of the Indian Penal Code.
The accusation is that on 15.02.2015 at about 11.00 A.M., Sheikh Islam and his family members came at the door of the informant/petitioner, caused assault to her and removed her from the house after capturing the house and throwing the articles of her house. On reaching the police, they were removed from the house. Due to fear, the informant/petitioner alongwith her husband
Patna High Court Cr.Misc. No.14314 of 2017 (6) dt.25-07-2017 2/3
Sheikh Kalim and children slept in the orchard of Rambhu Sah. In the night, Sheikh Rauf alongwith six others, named in the F.I.R., came there and started to abuse and, thereafter, carried the husband of the petitioner/informant. Due to fear, the informant/petitioner could not narrate about the incident to anyone and in the morning, she informed to Rambhu Sah and asked him to search her husband. In course of search, the dead body of her husband was found near the sugarcane field of Julkar Nain.
Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner is the informant the present case but with an ulterior motive, she has been made accused in this case as her one co-villager Md. Abulas gave his statement before the police, as detailed in paragraph-39 of the case diary, that one lady was seen in the night alongwith one person carrying the bag on the bicycle and, later on, he identified the informant/petitioner.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-III, Bagaha, West Champaran at Bettiah, in connection with Ramnagar P.S. Case No.25 of 2015,
Patna High Court Cr.Misc. No.14314 of 2017 (6) dt.25-07-2017
3/3
subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J)
P.S./-
U T
1 issue framed by the court
Whether the petitioner should be granted bail on the apprehension of arrest in a murder case.
1 provisions across 1 enactments
Maimul Nesha @ Mamul Nesha
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
