Allowed

Banarsi Devi v. The State Of Bihar

Patna HC18 Aug 2015CR. MISC./34991/2015

Case brief

AI extract

What is this about?

This order grants anticipatory bail to Banarsi Devi, mother of the victim, in a case involving offences under Sections 498A, 304B, and 201/34 of the IPC. The court considered arguments that the charges were omnibus and the case did not qualify as a dowry death under the statutory requirements.

What did the court decide?

Release on anticipatory bail for 12 weeks, bond with two sureties, subject to conditions under Section 438(2) Cr.P.C.

Banarsi Devi Vs The State Of Bihar — Cheque Dishonour | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34991 of 2015

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Arising Out of PS.Case No. -10 Year- 2015 Thana -ANGARGHAT District- SAMASTIPUR ====================================================== Banarsi Devi .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amitabh Bhardwaj For the Opposite Party/s : Mr. Sunil Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 18-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the mother of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 498A, 304B and 201/34 of the Indian Penal Code.

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The accusation is of killing the niece of the informant for non-fulfillment of the dowry demand.

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It is submitted by learned counsel for the petitioner that the accusation is omnibus and general and as per the own admission of the informant the marriage was performed in the year 2004 when the victim died in the year 2015, hence the case does not come within the purview of Section 304B of the IPC. Moreover, the mother of the victim retracted from her initial version and filed a petition to that effect before the learned court

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Patna High Court Cr.Misc. No.34991 of 2015 (2) dt.18-08-2015

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2/2

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below. The same has been brought on record as Annexure-3 of the

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petition.

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Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of ` 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1^st Class, Dalsingsarai, Samastipur in connection with Angarghat P.S. Case No. 10 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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(Dinesh Kumar Singh, J)

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Amrendra/-

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U T

Banarsi Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Banarsi Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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