Allowed

Asha Devi and Anr. v. The State Of Bihar

Patna HC6 Feb 2014CR. MISC./51737/2013

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioners (mother-in-law and unmarried sister-in-law) accused of offences under IPC and Dowry Prohibition Act. The court directed them to furnish bail bonds and engage sureties to the satisfaction of the concerned court before release.

What did the court decide?

Released on furnishing bail bonds of Rs. 10,000 each with two sureties of the like amount to the learned C.J.M./concerned Court, Siwan.

Asha Devi and Anr. Vs The State Of Bihar — Domestic Violence | Patna HC (2014)

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Patna High Court Cr.Misc. No.51737 of 2013 (3) dt.06-02-2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51737 of 2013 ====================================================== 1. Asha Devi W/O Shivji Prasad Resident Of Village- Chainpur, P.SSiwan, District-Siwan. 2. Bindu Kumari D/O Shivji Prasad Resident Of Village- Chainpur, P.SSiwan, District-Siwan. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashutosh Kumar Singh, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 3 06-02-2014 Heard learned counsel for the petitioners, learned APP for the State and learned counsel representing the informant. The petitioners seek bail in a case registered under Sections 324, 307, 498A, 406 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

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Petitioners are mother-in-law and unmarried Nanad of the informant. The informant in her written statement alleged that she was married with Raj Kumar Prasad- son of the petitioner no. 1, on 1.3.2012 and she was being forced to bring additional dowry by all her in-laws including the petitioners. She was not being provided even the basic needs. She became pregnant, then she was expelled from the house. Allegation is that in the mid

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Patna High Court Cr.Misc. No.51737 of 2013 (3) dt.06-02-2014

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night at the behest of her father-in-law, her mother-in-law sprinkled kerosene oil and at that time she was caught by others. Petitioner no. 2 provided the match stick and it was ignited by Mahendra Prasad. She was taken to hospital.

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Submission is that this statement is of dated 26.9.2013. It was an accidental burn and the victim was immediately taken to nursing home at Ekma where she has given her fard-beyan that due to accidental fire, she has received injury. Her L.T.I. is there on the fard-beyan and other witnesses have also put their signatures, so it has been submitted that the case has been concocted after more than one and half months as the earlier version was recorded on 14.7.2013.

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Prayer for bail of the petitioners has been opposed by the learned APP assisted by the learned counsel representing the informant. It has been submitted that the earlier version was tutored one and the victim was not in the position to put her L.T.I. or make any statement after the occurrence. Her signature was taken on plain paper.

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There are two contradictory versions of the occurrence on the record.

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Considering the facts and circumstances of the case, the petitioners above named are directed to be released on

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Patna High Court Cr.Misc. No.51737 of 2013 (3) dt.06-02-2014

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furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Siwan in connection with Siwan Mahila P.S. Case No. 69 of 2013.

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(Shyam Kishore Sharma, J)

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avin/-

Asha Devi and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Asha Devi and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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