Patna High Court granted regular bail to a petitioner accused of murder and dowry-related offences. The court directed him to furnish a bail bond of Rs. 20,000 with two sureties, considering his period of custody and lack of direct implicating evidence.
Petitioner enlarged on bail by furnishing bond of Rs. 20,000 with two sureties of 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.26217 of 2023
Arising Out of PS. Case No.-128 Year-2021 Thana- PARBATTA District- Bhagalpur
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AMIT KUMAR, Son of Anil Mandal @ Anil Kumar @ Anil Prasad Singh, R/V- Koyari Tola, PS-Habibpur Dist-Bhagalpur
... ... Petitioner/s Versus ... ... Opposite Party/s
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Praveen Kumar, Advocate For the Opposite Party/s : Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 24-05-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 248 of 2022 (arising out of Parbatta P.S. Case No. 128 of 2021) dated 17.10.2021 registered for the offences punishable u/s 302, 201 read with Section 34 of the Indian Penal Code.
As per the prosecution case, the co-accused persons with two unknown persons are alleged to have assaulted and killed the daughter of the informant and threw her dead body elsewhere due to non-fulfillment of the demand of rupees one lac as dowry.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.
Patna High Court CR. MISC. No.26217 of 2023(2) dt.24-05-2023 2/2
The petitioner is not named in the F.I.R and his name has sprung up in the confessional statement of Kajal Kumari. Nothing has been recovered from the conscious possession of the petitioner. The coaccused person has been granted bail vide order dated 23.01.2023 passed in Cr. Misc. 60423 of 2022 by the Co-ordinate Bench of this Court. The petitioner has got one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.11.2021 who is other than husband.
Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Naugachia, Bhagalpur in connection with S.T. No. 248 of 2022 (arising out of Parbatta P.S. Case No. 128 of 2021).
The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
3 issues framed by the court
Whether the petitioner, accused in a murder and dowry death case, is eligible for regular bail after spending over a year in custody.
Whether the lack of FIR naming and absence of recovered evidence from the petitioner warrants release on bail.
Whether the petitioner's prior criminal antecedent precludes the grant of bail.
Colour shows how this judgement treated each authority
Cr. Misc. 60423 of 2022Referred¶15
1 provisions across 1 enactments
AMIT KUMAR
The State of Bihar
CHANDRA PRAKASH SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
