Single judge or order granting regular bail to Usha Devi in connection with Turkauliya P.S. Case No. 45 of 2020 for murder and related offences, with instructions for social distancing.
Petitioner released on regular bail by furnishing bond of Rs. 10,000 with two sureties of equal amount to CJM Motihari.
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.26848 of 2020
Arising Out of PS. Case No.-45 Year-2020 Thana- TURKAULIYA District- East Champaran
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Usha Devi, Gender-Female, Aged about – 35 years, Wife of Vikram Sharma, Resident of Village- Sighiya Sagar / Singhiya Pipra, Police Station- Banjaria, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar No. 7 For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
4 10-12-2020 Heard Mr. Sanjay Kumar No.7, learned counsel for the petitioner. No one appears for the State.
Petitioner seeks regular bail in connection with Turkauliya / Banjaria P.S. Case No. 45 of 2020 registered for the offence under Section 341 / 323 / 326 / 307 / 120 (B) / 34 of the I.P.C., Section 302 of the I.P.C. has been added subsequently and Section 27 of the Arms Act.
The allegation as per the First Information Report lodged by the grandson of the informant is that while the grandfather of the informant was coming back to home after taking milk, he was accosted by three unknown persons sitting on two motorcycles , who fired upon him and fled away. The grandfather of the informant died subsequently in hospital.
Patna High Court CR. MISC. No.26848 of 2020(4) dt.10-12-2020 2/3
Learned counsel for the petitioner submits that petitioner, who is the daughter-in-law of the deceased and the mother of the informant has falsely been implicated in this case merely on the basis of the fact that Police during the course of investigation has allegedly found that the petitioner had met one Mohit who used to come to the house of the petitioner and this was not to the liking of the deceased. Learned counsel further submits that the informant as well as the husband of the petitioner did not disclose anything against her in their respective statements. Learned counsel also submits that merely on the basis of suspicion that the petitioner had met one Mohit, she has been implicated in this case and the petitioner being a lady, is in custody since 22.01.2020 having no criminal antecedent.
Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record and the fact that petitioner is in custody since 22.01.2020, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/(ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.26848 of 2020(4) dt.10-12-2020 3/3
satisfaction of learned Chief Judicial Magistrate Motihari, East Champaran / court concerned in connection with Turkauliya / Banjaria P.S. Case No. 45 of 2020.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J)
praful/-
U T
2 issues framed by the court
Whether regular bail should be granted to the petitioner who is in custody since 22.01.2020 regarding charges under sections 341, 323, 326, 307 IPC, 302 IPC and Section 27 Arms Act.
Whether the petitioner's implication based on suspicion of meeting Mohit justifies continued custody.
Usha Devi
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
