The Patna High Court dismissed an application for anticipatory bail under Section 438 CrPC. The court observed that the petitioner was involved in an unlawful assembly that beat the deceased and denied bail, noting the serious nature of the charges including murder.
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.42060 of 2021
Arising Out of PS. Case No.-81 Year-2021 Thana- PATORI District- Samastipur
======================================================
Suman Devi, aged about 26 years, Female W/o Mritunjay Mahto @ Mritunjay Kumar, Resident of Village - Hassanpur Surat, P.S.- Patory, DistrictSamastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
4 17-02-2022 Nobody appears on behalf of the petitioner through video conferencing.
The petitioner seeks bail in anticipation of his arrest in connection with Patory P.S. Case No. 81 of 2021 instituted for the offences punishable under Sections 147,148,149,341, 323,325,307,458 and 302 of the Indian Penal Code.
The case was taken up earlier on 16.12.2021, wherein the Court had passed an order of no coercive steps shall be taken against the petitioner. On 10.02.2022, the Court again took up the matter and prayer was made by counsel for the petitioner to put up the matter today. Today, learned counsel for the petitioner is not appearing. Case diary has been received.
Learned counsel appearing for the informant
Patna High Court CR. MISC. No.42060 of 2021(4) dt.17-02-2022 2/2
opposes adjournment in the case.
Learned counsel informs that this is a case where death has been committed by murder. As per the case diary, the petitioner and others have been involved in causing injuries and are part of the unlawful assembly.
Having considered the submissions carefully and gone through the case diary, it is apparent that the petitioner and others being part of the unlawful assembly and have beaten up the deceased person and also other members of the family.
Considering the overall aspect, the role of the petitioner being a lady is also noticed in the case diary. In the circumstances, I do not deem it fit to grant anticipatory bail to the petitioner.
This application is dismissed.
(Sanjeev Prakash Sharma, J)
Anand Kr.
U T
1 issue framed by the court
Whether anticipatory bail is grantable in a case involving murder and an unlawful assembly where the petitioner was part of the assembly that beat up the deceased.
1 provisions across 1 enactments
Suman Devi
The State of Bihar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
