The Patna High Court allowed the petitioner's bail application in a case concerning Sections 304(B) and 34 IPC. The court granted bail considering the petitioner's custody duration, lack of antecedents, and retraction by prosecution witnesses.
Petitioner released on bail bond of Rs.10,000 with two sureties of equal amount.
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.15552 of 2021
Arising Out of PS. Case No.-45 Year-2018 Thana- KHIRI MORE District- Patna
======================================================
ANUJ PRASAD SON OF NAGESHWAR PRASAD R/o village- Imamganj, P.S.- Khiri More, District- Patna
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr. C. Jawahar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 04-08-2021
Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
The petitioner seeks bail in Khiri More P.S. Case No. 45 of 2018 instituted for the offences under Sections 304(B) and 34 of the Indian Penal Code.
The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner is husband of the deceased.
A report was called for from the Court below. It has been reported that out of eight prosecution witnesses, six prosecution witnesses have already been examined.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.05.2018 and has got no criminal antecedent. There is no allegation of tampering of
Patna High Court CR. MISC. No.15552 of 2021(3) dt.04-08-2021 2/2
witnesses alleged against the petitioner. It has further been submitted that the informant has been examined in course of trial and his statement was recorded during the trial. The informant is P.W.-3 and his deposition has been annexed to the present application. The informant and other family members of the deceased have retracted from their earlier statement made in the F.I.R.. They have not supported the prosecution case.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, 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 Court of Additional Sessions Judge -VI, Danapur, Patna in connection with Khiri More P.S. Case No. 45/2018, G.R. No. 1248/2018 arising out of Sessions Trial No. 543 of 2018 with a condition that petitioner shall present himself on each and every date as fixed by the Trial Court in the trial failing which the Trial Court has liberty to cancel the bail bonds of the petitioner.
(Sudhir Singh, J)
Pankaj/- U T
2 issues framed by the court
Whether the petitioner is eligible for bail in a case involving Sections 304(B) and 34 IPC.
Whether the retraction by prosecution witnesses and informant warrants granting bail.
1 provisions across 1 enactments
Anuj Prasad
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
