The High Court of Judicature at Patna granted bail to two female petitioners charged with murder and other offenses, allowing them to be released upon furnishing a bond and undertaking to remove presentation defects.
Petitioners allowed bail on furnishing bail bond of Rs.10,000 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.25783 of 2020
Arising Out of PS. Case No.-76 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai
======================================================
... ... Petitioners.
Versus
The State of Bihar
... ... Opposite Party.
====================================================== Appearance : For the Petitioners : Mr. Sandip Kumar Gautam, Advocate. For the State : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
learned counsel for the petitioners, at the time of hearing of this application, through Video Conferencing, that he would remove the defect(s), as pointed out by the office vide its notes dated 28.09.2020, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.
Heard learned counsel for the petitioners and the learned A.P.P. for the State, through Video Conferencing.
The petitioners seek bail in connection with Cheria Bariyarpur P.S. Case No.76 of 2020 registered under Sections 341, 323, 504, 506, 307 and 302/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.25783 of 2020(2) dt.15-10-2020 2/3
The accusation is that the informant Mantun Tanti had an electric connection in his house under red-card and the wire was connected for the same from the house of his Gotiya Ranjeet Tanti. On 24.05.2020, electric wire was found cut in the house of the informant, then the son of the informant Rajesh Kumar and the father of the informant Sukhdeo Tanti were connecting the wire. At that time, Ranjeet Tanti started to abuse. When Sukhdeo Tanti, the father of the informant, made protest, then Ranjeet Tanti came with iron rod along with Vikas Tanti, Vijay Tanti and Vikram Tanti, who were armed with Lathi and Danda, and started to cause assault to Sukhdeo Tanti and Rajesh Kumar, the father and the son of the informant respectively, due to which both sustained injury. On hearing ‘Hullah’, Ramnandan Tanti, Sajan Tanti, Rajo Devi (petitioner no.2) and Bhawani Devi (petitioner no.1) ordered to kill Sukhdeo Tanti, the father of the informant, then Ranjeet Tanti gave the iron rod blow at the head of Sukhdeo Tanti, the father of the informant, due to which the father of the informant became unconscious and fell down on the ground. Thereafter, all also caused assault to the father of the informant through Lathi and Danda. While Rajesh Kumar, the son of the informant, was admitted in Nursing Home, Manjhaul, but the
Patna High Court CR. MISC. No.25783 of 2020(2) dt.15-10-2020 3/3
father of the informant died.
Learned counsel appearing on behalf of the petitioners submits that both the petitioners are ladies and have falsely been implicated in this case with an ulterior motive with the allegation of giving order to kill the father of the informant. Both the petitioners have no criminal antecedents and are in custody since 25.05.2020.
Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Manjhaul, in the district of Begusarai, in connection with Cheria Bariyarpur P.S. Case No.76 of 2020.
(Rajendra Kumar Mishra, J)
P.S./-
U T
3 issues framed by the court
Whether the two female petitioners should be released on bail pending trial in connection with charges ofabetrial and murder.
Whether the petitioners' undertaking to remove defects ensures compliance with procedural requirements before physical court proceedings.
Whether the balance of convenience and lack of antecedents favor granting bail to the accused women.
1 provisions across 1 enactments
Bhawani Devi
Rajo 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
