Allowed

Jai Narayan Thakur v. The State of Bihar

Patna HC16 Apr 2024CR. MISC./13046/2024

Case brief

AI extract

What is this about?

Regular bail application by an accused in custody for the murder of the informant's wife under IPC Sections 302/34. Noting the FIR was lodged a day after the postmortem without satisfactory explanation for the delay, the court granted bail with two sureties.

What did the court decide?

Petitioner released on regular bail on Rs. 10,000 bail bonds with two sureties of like amount, to satisfaction of CJM, Purnea

Jai Narayan Thakur Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 13046 of 2024

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Arising Out of PS. Case No.-835 Year-2023 Thana- PURNEA SADAR District- Purnia

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======================================================

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Jai Narayan Thakur S/O Late Bindeshwari Thakur R/O Village- Birpur Lokhra,Ps.- Sadar (Muffasil), Dist- Purnea.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vaishnavi Singh, Adv. Mr. Ajay Kumar Thakur, Adv. Mr. Ritwik Thakur For the Opposite Party/s : Mr. Amit Kr. Anand, Adv. Mr. Kumar Manglam, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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3 16-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is in custody in connection with Sadar (Mufassil) P.S Case No. 835 of 2023 registered for the offences punishable under Sections 302/34 of the I.P.C.

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As per prosecution case, as alleged some persons have killed the wife of the informant by pressing pillow on the face.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 03.12.2023.

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However, learned APP for the State oppose the

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Patna High Court CR. MISC. No. 13046 of 2024(3) dt.16-04-2024 2/2

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prayer for regular bail of the petitioner.

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On perusal of the FIR, case diary, postmortem report and impugned order dated 23.01.2024, it appears that the cause of death of the deceased is Asphyxia and shock due to pressure by soft and blunt object that is smothering and also considering the aforesaid facts and circumstances of the case it appears that FIR was lodged after one day from the postmortem report of the deceased and there was no satisfactory explanation as to why FIR was lodged after one day delay of the occurrence and also after the postmortem report of the deceased, as submitted by learned counsel for the petitioner and considering the circumstances of the case, let the above named 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 learned Chief Judicial Magistrate, Purnea in connection with Sadar (Mufassil) P.S Case No. 835 of 2023.

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(Ramesh Chand Malviya, J)

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Mayank/-

Jai Narayan Thakur v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jai Narayan Thakur v. The State of Bihar

Case brief

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What did the court decide?

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