Hon'ble Justice Birendra Kumar granted bail to the petitioner in a case concerning the murder of her husband, considering doubts about the informant's testimony and references to co-accused bail status.
Petitioner released on bail by furnishing a bond of Rs. 20,000/- with two 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.58192 of 2019
Arising Out of PS. Case No.-309 Year-2018 Thana- RANIGANJ District- Araria
======================================================
Harnu Mehta @ Hari Narayan Mehta, Son of Late Padma Lal Mehta, Resident of Village - Madhulata, Ward No. - 04, P.S. - Raniganj, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Murli Dhar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 20-09-2019
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.
The informant is not an eyewitness of the occurrence of murder of her husband. One Yoganand Mehta claims to have seen the occurrence as he had gone along with the husband of the deceased.
Learned counsel for the petitioner submits that Yoganand Mehta had also sustained injury and he left the place of occurrence prior to the occurrence of assault allegedly committed on the husband of the deceased. Therefore, Yoganand Mehta is an eyewitness of the occurrence is itself doubtful. The
Patna High Court CR. MISC. No.58192 of 2019(2) dt.20-09-2019 2/2
Doctor has found only two injuries on the person of the informant whereas allegation of assault is against four persons. Co-accused Musharu Mehta and Sitaram Mehta have already been allowed bail by a Coordinate Bench of this Court vide order dated 17.07.2019 passed in Cr. Misc. No. 32871 of 2019 and Cr. Mics. No. 30132 of 2019.
Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Raniganj Police Station Case No. 309 of 2018, subject to the following conditions:-
(a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner.
(b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.
(Birendra Kumar, J)
Kundan/-
U T
1 issue framed by the court
Whether to grant bail in a case involving offences under Sections 302, 201, and 34 IPC.
1 provisions across 1 enactments
Harnu Mehta @ Hari Narayan Mehta
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
