Single judge of the Patna High Court granted bail to a petitioner in a murder and suicide case after the lower court rejected the earlier application, directing release upon furnishing a bond.
Release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the like amount to the Chief Judicial Magistrate, Nalanda.
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.15232 of 2017
Arising Out of PS.Case No. -173 Year- 2014 Thana -RAHUI District- NALANDA
(BIHARSHARIFF)
====================================================== Kamta Prasad Yadav @ Kamta Prasad Son of late Kailu Yadav, Resident of Village - Derhdhara, Police Station- Rahui, District- Nalanda.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satyendra Prasad Singh, Advocate For the Opposite Party/s : Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
State.
The petitioner seeks bail in a case instituted for the offences under Sections 302 and 328/34 of the I.P.C.
The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application with an observation ‘at this stage’ taking into account that in paras 25 and 26 of the case diary the witnesses have made no allegation of torture being made by this petitioner.
A report was called for from the court below regarding the stage of the case. It has been reported that the case has been committed to the Court of Sessions.
It has been submitted on behalf of the petitioner that
Patna High Court Cr.Misc. No.15232 of 2017 (3) dt.03-05-2017
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the petitioner is in custody since 01.04.2016. There is no chance of the trial being concluded in the near future. The alleged death of the deceased has taken place after 8-9 years of marriage. It is a case of suicide.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rahui P.S. case No.173 of 2014.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving murder and suicide allegations after the case has been committed to the Court of Sessions and the earlier application for bail was reject
What conditions should be imposed on the release of the petitioner on bail.
1 provisions across 1 enactments
Kamta Prasad Yadav @ Kamta Prasad
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
