In a case under Sections 302/34 IPC where postmortem did not corroborate the cause of death, the Patna High Court released the accused on bail with bond and sureties.
Petitioners released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each.
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.72000 of 2018
Arising Out of PS. Case No.-58 Year-2018 Thana- KACCHWA District- Rohtas
======================================================
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioners : Mr. O.P. Pandey, Advocate Mr. Dhaneshwar Prasad Gupta, Advocate For the State : Mr. Satyadev Prasad Singh Yadav, APP For the Informant : Mr. Satyendra Pandey, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
APP for the State and learned counsel for the informant.
The petitioners seek bail in a case registered under Section 302/34 of the Indian Penal Code.
Allegation is that the accused persons pressed the neck of the father of the informant, due to which he died.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 20.08.2018 and have got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been
Patna High Court CR. MISC. No.72000 of 2018(5) dt.11-04-2019 2/2
implicated in the present case. The petitioners are alleged to have caught hold of the deceased and pushed on the ground. Said act on behalf of the petitioners is said to be the cause of death. From perusal of the postmortem report, it appears that there is no external injury on the body of the deceased except for redness on the neck of the deceased. The said readiness on the deceased is not alleged to be the cause of death. The postmortem report does not corroborate the allegations made in the F.I.R.
On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the complaint case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, 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 A.C.J.M., Bikramganj, Rohtas in connection with Kachhawan P.S. case No.58 of 2018.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether the petitioners are entitled to release on bail in a case alleging murder.
Whether the postmortem report non-corroborating the cause of death supports a grant of bail.
1 provisions across 1 enactments
Daroga Singh @ Daroga Yadav and Anr and Munna Yadav @ Santosh Kumar Singh
The State Of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
