The High Court at Patna granted anticipatory bail to Adhula Devi, mother of the accused in a murder case, releasing her on a bond of Rs. 10,000 with close relative sureties, noting no direct allegation against her.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two close relatives as 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.48876 of 2019
Arising Out of PS. Case No.-422 Year-2018 Thana- BIHPUR District- Bhagalpur
======================================================
ADHULA DEVI Wife of Sarvan Das @ Sarvan kumar Das Resident of Village- Maujmabad, P.S.- Bihpur (Bhawanipur), Dist- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar Pandey For the Opposite Party/s : Mr.Pawan Kumar Chaurasia ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
2 13-08-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Bihpur (Bhawanipur) P. S. Case No. 422 of 2018 instituted for the offence under Section(s) 302,201/34 of the Indian Penal Code.
Petitioner is mother of girl Reshama Kumari.
It is alleged that son of informant, namely Uttam Kumar Das has love affairs with Reshama Kumari. Sarvan Kumar Das and his son, namely Manoranjan Das @ Fantush had earlier given threat to son of informant. It is alleged that on 31.10.2018 son of petitioner, namely, Manish Kumar Das had called the son of informant and he went to his house and did not return. The informant enquired but they did not give any reply. It is alleged that later on dead body of son of informant was
Patna High Court CR. MISC. No.48876 of 2019(2) dt.13-08-2019 2/2
found near the Baandh.
In this manner, there is no allegation of specific overt
act against this petitioner.
Petitioner is a lady and she is in custody since 25.5.2019 having no criminal antecedent.
Considering the aforesaid, let the petitioner, above named, 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 the ACJM Navgachiya,Bhagalpur in connection with Bihpur (Bhawanipur) P. S. Case No. 422 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J)
shyambihari/-
U T
3 issues framed by the court
Whether the petitioner, a mother with no antecedents accused in a murder case where no specific overt act is alleged against her, is entitled to bail.
Whether the petitioner, a lady in custody since 25.5.2019, can be released on bail from Bihpur P.S. Case No. 422 of 2018.
Whether admitting a bail bond of Rs. 10,000 with close relative sureties satisfies the conditions for bail.
1 provisions across 1 enactments
Adhula Devi
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
