The Patna High Court granted bail to a female petitioner in custody accused of murder, directing her to furnish a bond of Rs. 10,000 with two sureties and comply with specific conditions regarding evidence tampering and representation.
Petitioner released on bail upon furnishing bail bond of Rs. 10,000 with two sureties of the 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.21185 of 2019
Arising Out of PS. Case No.-1137 Year-2018 Thana- BIHTA District- Patna
======================================================
Lalita Devi, Wife of Bishwanath Mochi Resident of Etaba, P.S.-Bihta, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rudal Singh, Advocate For the Opposite Party/s : Mr.Ashraf Ansari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
2 04-04-2019
Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Bihta P.S. Case No. 1137 of 2018 registered for the offence punishable under Sections 302,201,34 of the Indian Penal Code.
Informant who is the choukidar has stated in his fardbeyan that he was informed that Bhutali Mochi has killed his daughter and concealed her dead body beneath the sand of Sone river.
It has been further alleged that he confidentially came to know that the FIR named accused including the petitioner had committed murder of deceased.
It has been submitted on behalf of the petitioner that petitioner is a lady and innocent and has committed no offence.
Patna High Court CR. MISC. No.21185 of 2019(2) dt.04-04-2019 2/3
The allegations are based on suspicion. Petitioner has no criminal antecedent and she is in custody since 11.10.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Danapur, in connection with Bihta P.S. Case No. 1137 of 2018, subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.
(S. Kumar, J)
khushbu/-
Patna High Court CR. MISC. No.21185 of 2019(2) dt.04-04-2019 3/3
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a murder trial where she is in custody and has no criminal antecedents.
1 provisions across 1 enactments
Lalita Devi
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
