High Court granted anticipatory bail to two petitioners in a murder case where they alleged false implication as in-laws of the deceased. Bail conditioned on furnishing a bond and sureties within six weeks.
Petitioners released on bail if arrested/surrender within six weeks, conditioned on bond of Rs.25,000/- each 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. 16869 of 2020
Arising Out of PS. Case No.-400 Year-2019 Thana- PAKRIDAYAL District- East Champaran
======================================================
Versus The State of Bihar. ... ... Opposite Party/s ======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Rabindra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
conferencing.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.
As per the prosecution case, the informant's sister was married with one Rambabu Prasad about 15 years ago but her husband died due to illness 8-9 years ago. Thereafter, the informant's sister was married with younger brother of Rambabu Prasad, namely, Krim Kumar with consent of his family members. After six months of marriage, she was subjected to cruelty for non-fulfillment of demand of Rs.2,00,000.00,
Patna High Court CR. MISC. No.16869 of 2020(2) dt.14-08-2020 2/3
motorcycle and ornaments. On 26.12.2019, he was informed by the villagers that his sister has been murdered by the accused persons named in the written report. Thereafter, he went there and handed over the dead body to the police.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. Petitioner no.1 is mother-in-law and petitioner no.2 is father-in-law of the deceased. They are living separately and have no concern with the day to day affairs of the deceased or the Krim Kumar. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. As a matter of fact, deceased Namita Devi was not married to Krim Kumar. She was living her life separately as a widow of Rambabu Prasad. The alleged second husband of the deceased is in custody. Petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.16869 of 2020(2) dt.14-08-2020 3/3
the learned 5th Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Pakarideyal P.S. Case No.400 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
Trivedi/-
U T
2 issues framed by the court
Whether the petitioners be released on bail given apprehension of arrest in a criminal case.
Whether bail should be granted upon furnishing a bond and sureties.
1 provisions across 1 enactments
Jian Devi
Kapil Dev Prasad
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
