The Patna High Court granted bail to Dhaniya Kumari, Shyam Rishi, Alaiya Rishi, and Dulari Devi in a murder case, directing them to surrender within four weeks.
Bail granted to petitioners subject to surrender within four weeks and furnishing bail bonds with 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.81627 of 2019
Arising Out of PS. Case No.-289 Year-2019 Thana- FALKA District- Katihar
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Versus The State of Bihar ... Opposite Party
====================================================== Appearance : For the Petitioners : Mr. Md. Musowir, Adv. For the Opposite Party : Mr. Binod Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the state through video conferencing.
The petitioners seek pre-arrest bail in connection with Falka P.S. Case No. 289 of 2019, registered under Sections 302 and 201/34 of the Indian Penal Code.
The accusation is that on 29.07.2019 in the morning the villagers informed the informant, Anil Rishi, about throwing the dead body of his brother, Vakil Rishi, then, he went there and identified the dead body as of his brother, Vakil Rishi. His brother, Vakil Rishi, had love affairs with Dhaniya Kumari (petitioner no. 1). In the previous evening his brother had gone
Patna High Court CR. MISC. No.81627 of 2019(3) dt.19-06-2020 2/2
to village Amaul and in the next morning his dead body was seen. Informant raised suspicion about having hand of the petitioners in the murder of his brother, Vakil Rishi.
Submission is that it would appear from the first information report and the case diary, which is upto paragraph 176, that mere on suspicion the informant has disclosed the names of the petitioners, along with Kamal Rishi and Upendra Rishi having hand in the murder of his brother, Vakil Rishi.
Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Falka P.S. Case No. 289 of 2019 shall be released on bail on furnishing bail bonds 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, I, Katihar, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.
(Rajendra Kumar Mishra, J)
Shamshad/-
U T
1 issue framed by the court
Whether legal aid can be granted to the petitioners for anticipatory bail in a murder case.
Dhaniya Kumari
Shyam Rishi
Alaiya Rishi
Dulari 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
