The High Court granted bail to Petitioner 1 (Jaya Devi) who was alleged only to have given orders, releasing her on a bond of Rs. 10,000. The Court refused bail to Petitioner 2 (Babloo Kumar) against whom specific allegations of causing fatal head injuries leading to death were made.
Bail granted to Jaya Devi; Bail refused to Babloo Kumar.
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.44840 of 2022
Arising Out of PS. Case No.-42 Year-2022 Thana- NAANPUR District- Sitamarhi
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP For the Informant : Mr. Nityanand Jha, Advocate Mr. Suresh Mishra, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 20-10-2022
Let the defect(s), if any, be removed within a period of four weeks from today.
Considering the submission of learned counsel for the petitioner, learned counsel for the petitioner is permitted to correct the custody period as mentioned in paragraph no.11 of the present bail petition, during course of day.
The petitioners seek bail in connection with Nanpur P.S. Case No. 42 of 2022 registered for the offence under Sections 341, 323, 324, 302 and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.44840 of 2022( 2) dt.20-10-2022 2/3
The accused/petitioners are named in the F.I.R. and are in custody since 04.06.2022.
The allegation against the petitioners is to commit murder of mother of informant, by pushing her on floor intentionally causing fatal head injury.
Learned counsel appearing on behalf of the petitioners submitted that due to family partition dispute, petitioner have been falsely implicated in the present case. It is further submitted that during course of occurrence, mother of informant received head injury, as she slipped over the floor, leading to her death, due to head injury what she received out of said accident. It is also submitted that petitioner no.1 is a lady of clean antecedent, whereas, petitioner no.2 is involved in one SC/ST case, where, he acquitted already. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, submitted that informant is the eye-witness of the occurrence, where, specific allegation is available against petitioner no.2 to push, mother of the informant intentionally, causing head injuries, leading to her death, whereas, fairly conceded the fact
Patna High Court CR. MISC. No.44840 of 2022( 2) dt.20-10-2022 3/3
that allegation against petitioner no.1, who is a lady, is limited only to give order to petitioner no.2.
Considering the facts and circumstances as mentioned above, as allegation against petitioner no.1 is only limited to give an order to petitioner no.2, without having any overt act towards the occurrence, who is lady of clean antecedent, let the petitioner no.1, namely, Jaya Devi, is directed to be released on bail in connection with Nanpur P.S. Case No. 42 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri at Sitamarhi/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.
Whereas, as specific allegation to give fatal assault is available against petitioner no.2, namely, Babloo Kumar @ Babloo Kumar Jha, this Court is not inclined to grant bail to the petitioner, at present.
Accordingly, the prayer of bail of the petitioner is rejected herewith.
(Chandra Shekhar Jha, J)
S.Katyayan/-
U T
2 issues framed by the court
Whether bail should be granted to Petra yer no.1 (Jaya Devi) whose allegation was limited to giving orders.
Whether bail should be granted to Petitioner no.2 (Babloo Kumar) against whom specific fatal assault is alleged.
2 provisions across 2 enactments
Jaya Devi
Babloo Kumar
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
