In Criminal Miscellaneous No. 34683 of 2018, the Patna High Court granted bail to two petitioners charged with murder and poisoning, noting that similarly situated co-accused had already been released on bail.
Release on bail upon furnishing a bond 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.34683 of 2018
Arising Out of PS. Case No.-32 Year-2018 Thana- MATIHANI District- Begusarai
======================================================
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
4 14-08-2018
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioners seeks bail in Matihani P.S. Case No. 32 of 2018 registered for the offence punishable under Sections 328, 302/34 of the Indian Penal Code and Section ¾ of the D.P. Act.
Allegation against the petitioners is of committing murder of the daughter of the informant by administering poison.
It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. It has been further submitted that the petitioners are living separately and have nothing to do with the family affairs of
Patna High Court Cr.Misc. No.34683 of 2018(4) dt.14-08-2018 2/2
Santosh Kumar (husband of the deceased). Similarly situated co-accused persons i.e. Bhaisur, Dever and Mother-in-Law have already been granted bail by a co-ordinate bench of this Court vide order dated 04.07.2018 passed in Criminal Miscellaneous No. 38834 of 2018. Petitioners are in custody since 09.03.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Begusarai, in connection with Matihani P.S. Case No. 32 of 2018 .
(S. Kumar, J)
ranjan/-
U
2 issues framed by the court
Whether bail should be granted to petitioners accused of murder.
Whether prior granting of bail to similarly situated co-accused entitles petitioners to bail.
3 provisions across 2 enactments
Rajendra Paswan
Arvind Paswan
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
