In a bail application under Sections 302/120(B)/34 IPC, the Patna High Court granted bail to the petitioner, the wife of the deceased, noting that no assault was alleged against her.
Bail granted to the petitioner on furnishing a security of Rs.10,000 with two sureties.
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.20028 of 2018
Arising Out of PS. Case No.-72 Year-2017 Thana- TIYAR District- Bhojpur
======================================================
Rajmuna Devi @ Rajmunna Devi W/o Shri Bhagwan Yadav, R/o VillageUttar Daha, P.S.- Tiyar, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 05-04-2018
Heard learned counsel for the petitioner and the the
learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Tiyar P.S. Case No.72 of 2017, registered under Sections 302/120(B)/34 of the Indian Penal Code.
Allegation in brief is that on petty issue of giving pipe for irrigation as the father was giving the pipe to the informant, his other sons objected and on the exhortation of the petitioner, Nagendra Yadav gave a spear blow on the chest of his father causing his death.
It is contended that the petitioner is non else but wife of the deceased, however, there is no allegation against her of giving any assault to her husband and the allegation of killing is against Nagendra Yadav.
Patna High Court Cr.Misc. No.20028 of 2018(2) dt.05-04-2018 2/2
Having considered the aforesaid facts and circumstances, petitioner Rajmuna Devi @ Rajmunna Devi is directed to 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 CJM, Bhojpur, Ara in connection with Tiyar P.S. Case No.72 of 2017.
(Arun Kumar, J)
S.KUMAR/-
U T
2 issues framed by the court
Whether to grant bail to the petitioner who is already in custody in a case of murder.
Whether there are sufficient grounds to hold the petitioner, the wife of the deceased, liable for the assault.
Rajmuna Devi @ Rajmunna Devi
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
