在高密的刑事杂项申请中，考虑到验尸报告缺乏佐证伤情、被请愿人无前科且在押超过11个月的事实，法院准许两名被请愿人在缴纳保金及提供保人的条件下获取定期保释。
准予定期保释，每名被请愿人需提供10,000卢比保金及两名同等金额的担保人。
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.25082 of 2021
Arising Out of PS. Case No.-245 Year-2020 Thana- AMARPUR District- Banka
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anupa Nand Jha, Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 09-12-2021 Heard learned counsel for the parties.
The petitioners have preferred this application for
grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code.
As per the prosecution case, the four named accused persons including the two petitioners herein are stated to have assaulted the wife of the informant. It is stated that while Jairam Mahto and Anju Devi (Petitioner no. 2) caught hold of her hand and leg, Vijay Kumar Suman (Petitioner no. 1) assaulted her as a result of which she fell down unconscious and on being taken to the hospital was declared dead by the doctor.
It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.25082 of 2021(3) dt.09-12-2021 2/3
that the petitioners have been falsely implicated in the case. The allegation would be falsified from perusal of the contents of the postmortem report wherein no corroborative injuries have been found. The petitioners are in custody since 21.12.2020 and have no criminal antecedent.
The application for bail is opposed by learned counsel for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioners are named in the FIR but there is direct allegation against them and specific allegation against the petitioner no. 1.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the contents of the postmortem report and the petitioners having remained in custody for more than 11 months, the Court directs the above two petitioners to be enlarged on bail in connection with Amarpur P.S. Case no. 245 of 2020 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.
it is further directed that the petitioner shall cooperate in the trial and in case the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation
Patna High Court CR. MISC. No.25082 of 2021(3) dt.09-12-2021 3/3
on part of the petitioners, the learned trial Court may proceed to cancel the bail bond of the petitioners and to take them into custody till conclusion of the trial.
(Partha Sarthy, J)
Prakash/-
U
1 issue framed by the court
Whether the petitioners should be enlarged on regular bail despite grave and aggravated allegations of murder.
1 provisions across 1 enactments
Vijay Kumar Suman @ Subodh Kumar Mahto
Anju Devi
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
