Case Facts:
Patna High Court Cr.Misc. No.32558 of 2012 (3) dt.30-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 32558 of 2012 ====================================================== Bindi Mehta @ Bindeshwari Mehta .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 30-11-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] . There is allegation that on 02.04.2012 at about 10:00 P.M. one Basudeo Mehta came and took the victim, Sibu Mehta with him and thereafter on the next day the dead body of Sibu Mehta was recovered. However, from the entire case diary, it is apparent that there is no eye-witness of murder but the case hinges on circumstantial evidence and from the impugned order, it is apparent that the name of the petitioner finds place in paragraph nos. 14, 56, 57 and 58 of the case diary. Learned counsel for the informant, however, contended that the name of the petitioner finds place in paragraph nos. 14 and 17 of the case diary where it has been mentioned that deceased and petitioner were last seen and paragraph nos. 56, 57 and 58 of the case diary mention the name of the petitioner but in paragraph nos. 57 and 58 of the case diary there is no mention that the deceased was also with the petitioner. In paragraph 56 of the case diary mentions that about 10-11 Patna High Court Cr.Misc. No.32558 of 2012 (3) dt.30-11-2012 P.M. the witness saw Sibu Mehta being assaulted by 4-5 persons i.e. Basudeo Mehta, Bindi Mehta, Dinesh Mehta and Shukhdeo Mehta. Learned counsel for the petitioner, however, contended that in the case diary itself the witness has stated that he did not disclose the fact that who assaulted to whom and the date of his statement before the police is about one and half months after the occurrence. Hence, having regard to the facts and circumstances of the case and the fact that there is no eye-witness to the occurrence and the case hinges on circumstantial evidence, the petitioner above named is ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Bhaptiyahi P. S. Case No. 15 of 2012. Kundan/- (Gopal Prasad, J.)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.