The Patna High Court granted bail to the petitioner in a murder case involving her daughter-in-law. The court noted the petitioner lived separately, had no domestic connection to the deceased, and the investigation was complete with a charge-sheet submitted.
Release on bail on furnishing a bond of Rs.10,000 with two sureties of similar 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.66359 of 2022
Arising Out of PS. Case No.-140 Year-2022 Thana- GOPALPUR District- Gopalganj
======================================================
Hiramati Devi, W/o Nandlal Sah, R/o Village- Gopalpur, P.S- Gopalpur , District- Gapalganj.
... ... Petitioner/S
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shubhesh Pandey, Advocate Mr. Vinit Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 22-02-2023
Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period
of four weeks from today.
The petitioner seeks bail in connection with Gopalpur P.S. Case No. 140 of 2022 registered for the offence under Sections 302, 201 and 34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 24.06.2022.
The allegation against the petitioner is to cause death of daughter of informant, who is daughter-in-law of petitioner, alongwith other family members/co-accused persons, where deceased was subjected to cruelty and physical torture.
Patna High Court CR. MISC. No.66359 of 2022(2) dt.22-02-2023 2/3
Learned counsel appearing on behalf of the petitioner submitted that the petitioner is mother-in-law of the deceased, living separately with deceased and her husband, having no connection with their daily and domestic affairs. It is also pointed out that the nature of allegation as appears from the face of the FIR is very much general and omnibus against this petitioner. It is also pointed out that the marriage of deceased was solemnized before ten years with the son of petitioner. It is submitted that thrust of allegation is available against husband of the deceased. While concluding the argument, it is submitted that investigation of this case is completed, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above as petitioner is mother-in-law, living separately with deceased and her husband having no connection with their daily and domestic affairs, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Gopalpur P.S. Case No. 140/2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.66359 of 2022(2) dt.22-02-2023 3/3
satisfaction of learned J.M. 1st Class, Gopalganj/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
veena/-
U T
2 issues framed by the court
Whether the petitioner, a mother-in-law living separately with no connection to the deceased, is eligible for bail in a murder case where the charge-sheet has been filed?
Whether the general nature of allegations against the petitioner justifies granting bail in a dispute arising within the family?
1 provisions across 1 enactments
Hiramati Devi
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
