The Patna High Court granted bail to a husband and wife accused of conspiracy to murder. Released on bonds of Rs. 10,000 each despite the gravest charge, relying on the absence of eyewitnesses.
Petitioners released on bail bonds of Rs. 10,000/- each with two sureties of the like amount to the satisfaction of the C.J.M., Bettiah.
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.47384 of 2017
Arising Out of PS.Case No. -101 Year- 2017 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH)
====================================================== 1. Ravi Choudhary, S/o Late Satyanarayan Choudhary,
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 05-12-2017 Heard the learned counsel for the petitioners, the informant and the State.
The petitioners who are husband and wife, seek bail in connection with Bairiya P.S. Case No. 101 of 2017 dated 21.04.2017 instituted for the offences under Sections 302, 201 and 120(B) of the Indian Penal Code.
The petitioner no. 1 has been named in the FIR as having gone after the husband of the informant in the night of 20.04.2017. Later, the dead body of the husband of the informant was found in a street. During the course of investigation, it came to light that petitioner no. 2 had developed illicit relations with the deceased and taking advantage of the aforesaid relations, the
Patna High Court Cr.Misc. No.47384 of 2017 (3) dt.05-12-2017
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deceased was pressurizing petitioner no. 2 to offer her daughter to the deceased. As a result, the petitioners conspired and got the deceased killed.
There is no eye witness to the occurrence and the prosecution relies primarily on the confession of petitioner no. 2.
The petitioners are in custody since 23.04.2017.
Regard being had to the aforesaid facts, the petitioners above named are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 101 of 2017.
(Ashutosh Kumar, J)
KKSINHA/-
U T
1 issue framed by the court
Whether the petitioners seeking bail in a murder conspiracy case should be granted anticipatory relief.
1 provisions across 1 enactments
Ravi Choudhary
Manturiya Devi
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
