This oral order granted pre-arrest bail to the petitioner in a murder case ( Sections 302/34 IPC), conditionally releasing her upon arrest or surrender within six weeks upon furnishing a bail bond.
Petitioner to be released on bail on arrest or surrender within six weeks, subject to furnishing a bond of Rs.10,000 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.70502 of 2018
Arising Out of PS. Case No.-187 Year-2018 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Anju Devi Wife of Raj Kishore Singh Resident of Village-Khalpura P.S. Chapra Mufassil,Distt.-Saran at Chapra
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anurag Saurav For the Opposite Party/s : Mr.Sri Pranav Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
3 22-04-2019 Heard the parties.
Petitioner seeks pre-arrest bail in
Chapra Mufassil P.S.Case No.187 of 2018 registered under Section 302/34 of the I.P.C.
Accusation is that on 25.04.2018 Raj Kishor Singh, elder brother of son-in-law, Rajesh Kumar Singh, informant asked Raj Kishore Singh to arrange the Shiv Charcha upon which his son in law Rajesh Kumar Singh asked that since sister-in-law has died he will not permit to arrange the Shiv Charcha thereafter Rajesh Kumar Singh started hot talk with Raj Kishore Singh. In the meantime, Anju Devi wife of Raj Kishore Singh instigated her son Chhotu @ Bhikshu to come with an axe to kill Rajesh Kumar Singh thereafter Raj Kishore Singh,
Patna High Court CR. MISC. No.70502 of 2018(3) dt.22-04-2019 2/3
Chhotu and Anju Devi led to Rajesh Kumar Singh and thereafter Chhotu gave an axe blow on Rajesh Kumar Singh causing injury on his head. Chhotu, Anju Devi and Raj Kishore Singh also assaulted him with lathi, danda, fists and slaps and thrashed him on the ground and Raj Kishore Singh gave iron rode blow on his head due to which Rajesh Kumar Singh sustained serious injury and became unconscious and he was rushed to Sadar Hospital, Chapra from where he was referred to S.N.S.Hospital, Patna where in course of treatment he died on 27.04.2019.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is gotani of the wife of the deceased, Rajesh Kumar Singh and due to ill motive the petitioner has been falsely implicated in this case. He further submits that only allegation against the petitioner is to instigate her son Chhotu to come with an axe to kill the deceased and there is specific allegation against co-accused Raj Kishore Singh and Chhotu both happen to be the husband and the son of the petitioner who caused injuries to the deceased. He further submits that the petitioner also helped in laying the deceased on the ground but Payal Singh, wife of the deceased, has stated that petitioner only instigated to her son.
Patna High Court CR. MISC. No.70502 of 2018(3) dt.22-04-2019 3/3
Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender before the court below within six weeks from today be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the A.C.J.M., 11th , Saran at Chapra, in Chapra Mufaffasil P.S.Case No.187 of 2018 subject to the condition as laid down under Section 438 (2) of Cr.P.C.
(Rajendra Kumar Mishra, J)
aks/-
U
1 issue framed by the court
Whether the petitioner is entitled to a pre-arrest bail bond under Section 438 Cr.P.C. in a murder case where she is alleged to have instigated her son to kill the deceased.
1 provisions across 1 enactments
ANJU 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
