Single Judge of the Patna High Court granted anticipatory bail to Sindho Devi in a murder case (IPC 302, 201/34), releasing her unconditionally on bond of Rs. 10,000 with two sureties within six weeks.
Release of petitioner on bail bond of ₹10,000 with two sureties within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64124 of 2019
Arising Out of PS. Case No.-28 Year-2018 Thana- PURAINI District- Madhepura
======================================================
Sindho Devi, Wife of Vinay Das, R/o Sripur Tola, Nardah, P.S.- Puraini, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Uday Chand Prasad For the Opposite Party/s : Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 21-10-2019
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends her arrest in connection with Puraini P.S. Case No. 28 of 2018, registered under Sections 302 and 201/34 of the Indian Penal Code.
The accusation is that Arun Choudhary, son of Sadanand Choudhary, before one and half years, had taken Rs.3,00,000/- to execute the sale deed of 2.50 katha but she did not execute the sale deed in spite of much request, saying that unless she will not settle the case in respect of Brajesh Singh and Ramesh Singh, he will not execute the sale deed. On 10.03.2018, husband of the informant was kidnapped by Arun Choudahry, Brajesh Singh and Ramesh Singh and committed
Patna High Court CR. MISC. No.64124 of 2019(2) dt.21-10-2019 2/2
murder and thrown the dead body in the maize field. Earlier, her husband raised suspicion to the effect that he might be murdered by the accused.
Learned counsel for the petitioner submits that in fact, the dispute is in between the other co-accused and informant regarding non-execution of sale deed but petitioner, who is lady, has falsely been implicated in this case mere on suspicion. Further submission is that petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned J.M. Ist Class, Udakishunganj, Madhepura, in connection with Puraini P.S. Case No. 28 of 2018,, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
2 issues framed by the court
Whether the petitioner, a woman falsely implicated in a murder case with no criminal antecedents, should be released on anticipatory bail.
Whether bail bonds and sureties satisfy the conditions under Section 438(2) of the Cr.P.C. in this case.
1 provisions across 1 enactments
Sindho Devi
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
