The High Court at Patna, considering the petitioner is the deceased's wife, lacks criminal antecedent, and faces only suspicion without substantive evidence, directed her release on bail in a murder case pending charge-sheet.
Directed the petitioner to be released on bail by furnishing bonds of Rs.10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49447 of 2019
Arising Out of PS. Case No.-343 Year-2018 Thana- ARWAL District- Jehanabad
======================================================
YASODA DEVI Wife of Late Laldev Chaudhary Resident of Village - Ojha Bigha, P.S. and District- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjay Kumar Singh For the Opposite Party/s : Mr.Shyam Bihari Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 08-08-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 364/34 of the Indian Penal Code in which section 302 IPC was added later on.
The prosecution case in short is that the accused persons caused death of the brother of the informant.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.12.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. As far as F.I.R. is concerned, suspicion has been raised against co-accused Govind Choudhary. The petitioner happens to be wife of the deceased.
Patna High Court CR. MISC. No.49447 of 2019(2) dt.08-08-2019 2/2
There is no eye witness to the alleged occurrence. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that 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 learned Additional Sessions Judge -VI, Jehanabad in connection with Arwal P.S. Case No. 343 of 2018.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a murder case where she is the wife of the deceased and there is no criminal antecedent.
2 provisions across 1 enactments
Yasoda Devi
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
