Partly allowed

Devanti Devi and Ors. v. The State Of Bihar

Patna HC2 May 2014CR. MISC./8112/2014

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to female petitioners (Nos. 1 and 2) but rejected it for male petitioners (Nos. 3, 4, and 5) in a case involving offences under multiple sections of the Indian Penal Code and the Anti Dayan Act, citing their surrender within four weeks as a condition for female release.

What did the court decide?

Anticipatory bail granted to Petitioners No. 1 and 2 subject to conditions including surrender within four weeks and bail bond of Rs. 5,000 each with sureties; prayer rejected for Petitioners No. 3, 4

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.8112 of 2014

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====================================================== 1. Devanti Devi, wife of Lal Babu Rai 2. Pinki Kumari @ Pinku Kumari, daughter of Lal Babu Rai 3. Lal Babu Rai @ Ram Babu Prasad, son of Basawan Rai 4. Randheer Kumar @ Sudhir Kumar, son of late Lal Babu Rai 5. Manish Kumar, son of Lal Babu Rai All resident of village - Sarari, P.S.- Naubatpur, District - Patna .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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3 02-05-2014 Counter affidavit stating therein that now the case has been submitted under Section 307 Indian Penal Code and the medical reports of the injured, be kept on the record.

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Heard learned counsel for the Petitioners and the

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State.

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The Petitioners apprehend their arrest in a case instituted for the offence under Sections 448, 341, 323, 379, 504, 34 of the Indian Penal Code and Sections ¾ of the Anti Dayan Act.

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Considering that the Petitioners No. 1 and 2 are ladies without going into the veracity of the allegation, it is ordered that in the event of surrender/arrest of the Petitioners No. 1 and 2, named above, within four weeks from the date of

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Patna High Court Cr.Misc. No.8112 of 2014 (3) dt.02-05-2014

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receipt/production of a copy of this order in connection with Naubatpur P.S. Case No. 425 of 2013, they shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of Additional Chief Judicial Magistrate, Danapur, subject to the conditions as laid down under Sections 438(2) Cr. P.C. and (i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the affidavit shall clearly state that the Petitioners are not accused in any other case and if they are, they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for

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Patna High Court Cr.Misc. No.8112 of 2014 (3) dt.02-05-2014

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reasons of misuse. (v) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

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As for Petitioners No. 3, 4 and 5 are concerned, I am not inclined to extend the privilege of anticipatory bail to them in connection with Naubatpur P.S. Case No. 425 of 2013 pending before Additional Chief Judicial Magistrate, Danapur.

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The prayer for anticipatory bail of the Petitioners No.

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3, 4 and 5 is rejected.

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(Anjana Prakash, J)

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S.Ali/-

Devanti Devi and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Devanti Devi and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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