In PW BAIL ORDER, High Court of Patna granted bail to petitioner No.1 in murder case but rejected bail for petitioner No.2 due to specific serious allegation of causing fatal injury with an iron rod.
Bail granted to petitioner No.1; bail rejected for petitioner No.2.
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.4110 of 2018
Arising Out of PS.Case No. -223 Year- 2017 Thana -KODHA District- KATIHAR
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.... .... Petitioners
Versus
.... .... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
4 21-02-2018 Heard learned Counsel for the petitioners and the State.
Petitioners, already in custody, seek bail in Kodha PS Case No. 223 of 2017 registered under Sections 302/34 of the IPC.
The allegation in brief is that the deceased rebuked his son for marrying second time and asked him to live in his house, so being enraged Anguri Khatoon (petitioner No. 2) gave iron rod below over head of the father-in-law and another Anguri Khtoon, wife of Saddam, and petitioner No. 1 caught hold him and thereafter others also assaulted, Gulab is said to have given garsa blow as a result of which he succumbed to the injury.
Learned Counsel for the petitioners submits that there is general allegation against all of having assaulted the deceased and specific allegation against petitioner no. 2 is of giving a single iron rod blow, petitioner no. 1 is alleged to have only caught hold the deceased and another Anguri Khatoon, second wife of Saddam has been granted bail by this Court.
Learned Counsel for the State submits that there are multiple injuries on the body of the deceased and specific allegation against
Patna High Court Cr.Misc. No.4110 of 2018 (4) dt.21-02-2018
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petitioner No. 2 is of giving iron rod blow over the head of the deceased.
Having considered the said facts and circumstances, as there is specific allegation against petitioner No. 2, her prayer for bail is rejected at present.
Whereas the petitioner No,. 1, namely, Rizwana Khatoon is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Katihar in connection with Kodha PS Case No. 223 of 2017.
(Arun Kumar, J.)
Snkumar/-
U T
2 issues framed by the court
Whether to grant bail to petitioners already in custody facing murder charges.
Whether to reject bail application of petitioner specifically alleged to have caused injury.
Rizwana Khatoon
Anguri Khatoon
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
