The Patna High Court granted bail to the petitioner in a murder case. The court noted the petitioner was in custody since September 2023 and had been falsely implicated. Bail was allowed with bonds of Rs. 10,000 and two sureties.
The petitioner was released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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.76521 of 2023
Arising Out of PS. Case No.-468 Year-2021 Thana- LAKHISARAI District- Lakhisarai
======================================================
Sentu Ram @ Sintu Ram Son Of Bijay Ram @ Vijay Ram R/O VillageRajauna Chouki, P.S.- Lakhisarai, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
2 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 468 of 2021 instituted for the offence under Sections 364/34 of the Indian Penal Code (for brevity ‘I.P.C.’), later Section 302/120(B)/201 of the I.P.C. was added.
3. Prosecution case, in short, is that on 25-07-2021, informant came to know that his daughter has been done to death by her in-laws.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-09-2023. Petitioner has no criminal antecedents.
5. It has been further submitted by the petitioner’s
Patna High Court CR. MISC. No.76521 of 2023(2) dt.04-12-2023 2/3
counsel that petitioner has been falsely implicated in the present case. Petitioner is ‘devar’ of the victim and he lives separately. It is submitted that similarly situated co-accused have been allowed anticipatory bail by Co-ordinate Benches of this Court in Cr. Misc. No. 27481 of 2023, Cr. Misc. No. 34674 of 2023, Cr. Misc. No. 33706 of 2023 and Cr. Misc. No. 33906 of 2023.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and nature of allegation, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakhisarai P.S. Case No. 468 of 2021 subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to
Patna High Court CR. MISC. No.76521 of 2023(2) dt.04-12-2023 3/3
cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/- U T
1 issue framed by the court
Whether bail should be granted to the petitioner in the custody of the trial court for the offence under Sections 364/34 of IPC, later Sections 302/120(B)/201.
Colour shows how this judgement treated each authority
2 provisions across 1 enactments
Sentu Ram @ Sintu Ram
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
