Single judge order allowing bail to two petitioners, being the daughter and wife of a co-accused, in a murder and abduction case. The court directed their release on a bond with sureties.
Directed to be released on bail on furnishing a bond of Rs. 10,000 each with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2820 of 2023
Arising Out of PS. Case No.-203 Year-2022 Thana- SUPPI District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Madhubala Verma For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 27-04-2023
Heard learned counsel for the petitioners and learned
APP for the State.
The petitioners seek regular bail in connection with Suppi P.S. Case No. 203 of 2022 registered for the offence under Sections 363, 302, 201, 120(B)/34 of the IPC.
As per FIR, prosecution case relates to abduction of the son of informant namely, Md. Ayan, aged about 8 years, and thereafter, he was committed murder by the accused persons.
Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioner nos. 1 & 2 are daughter and wife of the co-accused Md. Seraj due to this reason they have also made accused in the present case. The present FIR has been lodged against unknown
Patna High Court CR. MISC. No.2820 of 2023(3) dt.27-04-2023 2/2
and the name of the petitioners have transpired in this case on the basis of confessional statement of co-accused namely, Md. Seraj which has got no evidentiary value in the eye of law. During investigation, there is no any consistent evidence has come against the petitioners which shows their complicity in the alleged offence. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 7.7.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Suppi P.S. Case No. 203 of 2022 on furnishing bail bond of Rs.10,000/(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi.
(Sunil Kumar Panwar, J)
Amandeep/- U T
1 issue framed by the court
Whether regular bail should be granted to the petitioners who are relatives of a co-accused charged with abduction and murder.
Farhat Khatoon
Madina Khatoon
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
