In a criminal miscellaneous matter regarding bail petition under Section 302 IPC, the High Court granted bail to the petitioner after reviewing the charge-sheet and post-mortem report indicating suicide by hanging.
Directed release of the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties of the like 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.10418 of 2022
Arising Out of PS. Case No.-123 Year-2021 Thana- MANJHI District- Saran
======================================================
KADIR MIYAN @ KADIR HUSSAIN S/o Late Mohram Miyan Resident of Village- Natwar Gopi, P.S.- Manjhi, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Rajani Kumari, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
4 21-12-2022
Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Manjhi P.S. Case No. 123 of 2021 registered for the offence under Section 302/34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 08.07.2021.
The allegation against the petitioner is to commit murder of sister of the informant, along with other co-accused persons/family members out of matrimonial disputes.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.10418 of 2022(4) dt.21-12-2022 2/3
submitted that deceased/wife of this petitioner committed suicide out of family frustration. It is further submitted that no injuries were found, while conducting postmortem, suggesting thereof that victim was not subjected to physical assault soon before the occurrence. It is also submitted that cause of death is “Asphyxia due to hanging” also suggesting that death was caused due to suicide. While travelling over the argument, it is submitted that the act of petitioner cannot be said such an active or direct act leading the deceased to commit suicide with leaving no option. It is also submitted that informant is not the eye witnesses of the occurrence and entire allegation is based upon suspicion. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned
above, and by taking of the postmortem report, where petitioner is in custody since 08.07.2021, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Manjhi P.S. Case No. 123 of 2021 on furnishing bail bond of
Patna High Court CR. MISC. No.10418 of 2022(4) dt.21-12-2022 3/3
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 13, Saran at Chapra/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
Archana/-
U T
2 issues framed by the court
Whether the petitioner, accused in a murder case, is entitled to bail upon submission of the charge-sheet.
Whether the medical evidence of asphyxia due to hanging negates injury-based assault in the alleged murder.
1 provisions across 1 enactments
Kadir Miyan @ Kadir Hussain
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
