The High Court at Patna allowed bail to the petitioner, an accused in a murder case, directing him to furnish a bond of Rs. 10,000 with two sureties.
Release on bail by furnishing bonds of Rs. 10,000 with two sureties of like amount.
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.14765 of 2019
Arising Out of PS. Case No.-152 Year-2018 Thana- BASANTPUR District- Siwan
======================================================
ASHOK MANJHI, aged about 44 years, Gender-Male, S/o- Sakhichand Manjhi, Resident of Village – Sohilpatti, P.S. Basantpur, District-Siwan.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Prashant Kumar, Advocate. For the Opposite Party : Mr.Madhura Nand Jha, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 22-07-2019
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner is languishing in custody since 06.07.2018 in a case for the offence registered under Sections 302 and 201/34 of the IPC.
The prosecution story, in brief, is that the sister of the informant was married to the petitioner in the year 2002. On 12.05.2018, he received information from the petitioner that his sister had left home three days back and had not returned yet. The informant tried his best but failed to locate his sister after which he claimed suspicion that his sister might have been killed by her in-laws.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent.
Patna High Court CR. MISC. No.14765 of 2019(4) dt.22-07-2019 2/2
Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the deceased. The case has already been committed to the court of sessions and charge has been framed for the offence under Section 306 of the IPC. The petitioner has been made accused in the present case due to mistake of fact. There is no eye witness to the alleged occurrence.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M. Siwan, in connection with Basantpur P.S. Case No. 152 of 2018.
(Sudhir Singh, J)
U.K./-
U T
1 issue framed by the court
Whether the petitioner accused under Section 302 IPC should be released on bail.
2 provisions across 1 enactments
Ashok Manjhi
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
