The Patna High Court allowed bail to the petitioner, a female accused in a murder trial with clean antecedents, noting the co-accused had been granted anticipatory bail and the death was allegedly due to suicide following social embarrassment.
Bail granted by furnishing a bond of Rs. 10,000 with two sureties.
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.6518 of 2023
Arising Out of PS. Case No.-337 Year-2022 Thana- MITHANPURA District- Muzaffarpur
======================================================
ARCHANA DEVI, Wife of Abhay Kumar, Resident of Khadi Campus (Pokhar), P.S.- Mithanpura, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Prerna Rishi, Advocate Mr. Patanjali Rishi, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 08-05-2023
List of these matters has been notified today.
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Mithanpura P.S. Case No. 337 of 2022 registered for the offence punishable under Sections 302, 120B and 34 of the Indian Penal Code.
It is alleged that the petitioner along with co-accused persons assaulted the husband of the informant with Bamboo stick and dragged her husband into a room. When they entered the room by breaking/opening the door, co-accused Kaushal Kishore was seen sitting on the chest of the husband of the informant, trying to strangulate him with a coconut rope and the petitioner had caught hold of his legs. The informant’s husband has thus, been done to death.
Patna High Court CR. MISC. No.6518 of 2023(2) dt.08-05-2023 2/3
Learned counsel for the petitioner submits that the deceased had indulged in eve-teasing of Kaushal Kishore’s daughter, for which a Panchayati was held, in which the deceased had been reprimanded and due to that embarrassment, he committed suicide. The informant has impleaded the petitioner and family members by leveling false allegation and is misusing the factum of death of her husband. The deceased did not receive any single external injury rather his death has been found to have occurred on account of hanging. The petitioner has clean antecedents. Charge-sheet has been submitted under Section 306/34 of the Indian Penal Code. Coaccused Kaushal Kishore has been allowed anticipatory bail in Cr. Misc. No. 9364 of 2023 whereas the petitioner is in custody since 08.10.2022.
Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions, the petitioner’s claim based on anticipatory bail being granted to co-accused by stating that the petitioner’s case stands on a better footing, period of custody and considering the fact that petitioner is a female having clean antecedents, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by learned counsel for the petitioner.
Prayer for bail of the petitioner is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/– (Ten thousand) with two sureties
Patna High Court CR. MISC. No.6518 of 2023(2) dt.08-05-2023 3/3
of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Muzaffarpur, in connection with Mithanpura P.S. Case No. 337 of 2022, subject to the following conditions:-
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled.
(Madhuresh Prasad, J)
shashank/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner given co-accused anticipatory bail, female gender, and clean antecedents?
Colour shows how this judgement treated each authority
Cr. Misc. No. 9364 of 2023Referred¶14
3 provisions across 2 enactments
ARCHANA DEVI
THE STATE OF BIHAR
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
