Allowed

Kamli Devi and Anr. v. The State Of Bihar

Patna HC4 Sept 2014CR. MISC./23647/2014

Case brief

AI extract

What is this about?

The Patna High Court granted bail to two petitioners accused of offences under Sections 304B and 34 IPC. The court noted the absence of injuries on the deceased in a suicide case and directed release if they surrender or are arrested within six weeks, subject to standard bail conditions.

What did the court decide?

Direction to release petitioners on bail on furnishing bonds of Rs.10,000/- each with two sureties of like amount if they surrender or are arrested within six weeks of the order.

Kamli Devi and Anr. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23647 of 2014

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Arising Out of PS.Case No. -51 Year- 2012 Thana -SONO District- JAMUI ====================================================== 1. Kamli Devi Wife of Kolha Paswan 2. Gautam Paswan @ Gautam Kumar Son of Kolha Paswan Both are Resident of Village-Teliyadih, P.S.-Sono, District-Jamui. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Sinha, Adv For the Opposite Party/s : Mr. Murlidhar.APP ================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 04-09-2014 Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners apprehend their arrest for the offences alleged under Sections 304B and 34 IPC registered in connection with Sessions Trial No. 360 of 2013 arising out of Sono P.S. Case No. 51 of 2012.

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It is submitted that the petitioners have been falsely implicated as the deceased had committed suicide. The post mortem report discloses that no injury has been found on the body of the deceased. It is further submitted that the husband of the deceased has been granted regular bail on the basis of submission of learned APP on the basis of case diary received in that case to the effect that the deceased had committed suicide by hanging herself.

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Having regard to the entirety of the facts and circumstances of the case, as such, in the event of the petitioners arrest or surrender before the court below within

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Patna High Court Cr.Misc. No.23647 of 2014 (2) dt.04-09-2014

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six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Adhoc A.D.J. IVth, Jamui , in connection with Sessions Trial No. 360 of 2013 arising out of Sono P.S. Case No. 51 of 2012 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

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(i) The petitioners shall cooperate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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(ii) The petitioners shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.

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(Vikash Jain, J)

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Chandran

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U T

Kamli Devi and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Kamli Devi and Anr. v. The State Of Bihar

Case brief

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