Bail application dismissed on merits but granted provisionally under CrPC procedure pending disposal of the substantive petition in a murder case.
Directed to be released on bail by furnishing bond of Rs.10,000/- with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28065 of 2017
Arising Out of PS.Case No. -70 Year- 2017 Thana -BASANTPUR District- SIWAN
====================================================== Hari Kishor Manjhi. Son of Late Butal Manjhi, R/o Village-Bala, P.S. Basantpur, District- Siwan.
.... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner : Mr. Ajeet Singh, Advocate. For the State : Mr. Pranav Kumar, A.P.P. For the Informant : Mr. Ranjeet Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------
4 27-07-2017
The petitioner seeks bail in connection with Basantpur P.S. Case No.70 of 2017 registered under Sections 302/34 of the Indian Penal Code.
The accusation is that on 24.02.2017 till about 09.00 P.M., the informant Jainuddin Mian was alongwith his son Umar Ali at his Tent House shop. Thereafter, the informant went from there to his house. On 25.02.2017 at about 08.00 A.M., when the informant came to the shop, he found the gate of the shop opened and his son in hanging condition. The informant raised suspicion about committing the murder of his son and hanging his dead body to show the death due to suicide. The informant has claimed that the call had come on the mobile phone
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number of his son from mobile number 7371826676 on the preceding night.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. nor the mobile number, which is detailed in the F.I.R., from which the call was made to his son, is belonged to the petitioner. In course of investigation, it has come that the daughter of the informant had illicit relation with the deceased, the son of the informant, due to which the suspicion has been raised against the petitioner in committing the murder of the deceased, the son of the informant. Thereafter, the petitioner was apprehended by the police, who got recorded his confessional statement showing his hand in the murder of the deceased, the son of the informant. The petitioner having no criminal antecedent is in custody since 02.03.2017.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Basantpur P.S. Case No.70 of 2017.
(Rajendra Kumar Mishra, J)
P.S./-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in a murder case where he was accused of strangulating the deceased to make it appear like a suicide.
Whether the petitioner, having no criminal antecedents and no mention in the FIR, must be released on bail.
1 provisions across 1 enactments
Hari Kishor Manjhi
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
