This single-judge oral order granted provisional bail to an accused charged with murder, requiring immediate surrender after three weeks once his wife's urgent medical treatment is arranged.
Petitioner released on provisional bail for three weeks via bond of Rs.10,000 with two sureties, one being a government servant/MP/MLA.
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.9866 of 2017
Arising Out of PS.Case No. -2 Year- 2014 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== Himanshu Singh son of ate Vidya Singh, resident of village - Siswa Patna, P.S. Kesariya, District - East Champaran
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the State : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
3 26-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.
This application under Sections 439 and 440 of the Code of Criminal Procedure has been filed for grant of provisional bail to the petitioner, who is languishing in jail in connection with Kesariya P.S. Case No.02 of 2014 registered under Section 302/34 of the Indian Penal Code.
It is contended by the learned counsel for the petitioner that the wife of the petitioner, namely, Renu Devi needs immediate medical attention as few enlarged lymph nodes are seen in the bilateral inguinal region, largest one measuring 10 mm dimension in CECT of the whole abdomen conducted recently. The doctor treating her has opined that she needs major surgical treatment. In order to support his submission, learned counsel for
Patna High Court Cr.Misc. No.9866 of 2017 (3) dt.26-04-2017
2/3
the petitioner drew my attention towards the medical prescription and opinion of the doctors.
Learned counsel for the State has opposed the prayer for bail of the petitioner on the ground that earlier this Court has rejected the application of the petitioner twice on merits. He submitted that the petitioner is the main accused in a case under Section 302 of the Indian Penal Code with specific allegation that he inflicted Chhura blow causing injury in the abdomen of the brother of the informant as a result of which he died.
Considering the submissions made on behalf of the parties, the petitioner Himanshu Singh is directed to be released on provisional bail for a period of three weeks from the date of release on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-X, East Champaran, Motihari in connection with Sessions Trial No.602 of 2014 arising out of Kesariya P.S. Case No.02 of 2014 with a condition that one of the sureties must be a Government servant/elected people’s representative of Panchayat/Municipality and the other one shall be a close relative.
The petitioner must surrender immediately after expiry of the stipulated period of three weeks before the trial court and an
Patna High Court Cr.Misc. No.9866 of 2017 (3) dt.26-04-2017
3/3
affidavit in this regard should be filed before this Court. On filing of the affidavit by the petitioner, the Registry is directed to place the records before the Court for perusal.
(Ashwani Kumar Singh, J)
Md.S./-
U T
2 issues framed by the court
Whether the petitioner is eligible for grant of provisional bail on medical grounds despite previous rejections on merits.
Whether the proposed medical condition of the petitioner's wife justifies temporary release.
1 provisions across 1 enactments
Himanshu Singh
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
