The Patna High Court granted bail to the petitioner held in custody since February 2022 in a murder and rape case, requiring bonds of Rs. 10,000 and two sureties.
Petitioner to be released on bail on furnishing bonds of Rs. 10,000 and two sureties of like amount.
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.31175 of 2022
Arising Out of PS. Case No.-250 Year-2020 Thana- DUMRA District- Sitamarhi
======================================================
Sahil@ Jumman S/O Sufail @ Mukhi Resident Of Village- Basantpur, P.S.Dumra, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Jha For the Opposite Party/s : Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 02-02-2023
Heard learned counsel for the petitioner and
learned A.P.P appearing on behalf of the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 376, 511, 34 of the Indian Penal Code.
It is a case of commission of murder of the mother of the informant and outraging the modesty of the sister of the informant. It is specifically alleged against the petitioner that he outraged the modesty of the sister of the informant.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.31175 of 2022(4) dt.02-02-2023 2/2
been implicated in this case. There is no role of the petitioner in the commission of murder of the mother of
the informant and in the background of land dispute between the parties, false accusation of outraging the modesty of the sister of the informant was levelled against the petitioner. The petitioner is languishing in custody since 28.02.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 250 of 2020.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner, facing charges under Sections 302, 376 of the IPC and languishing in custody, is to be released on bail.
Sahil @ Jumman
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
