Tetari Devi v. The State Of Bihar
Case brief
What is this about?
Petitioner, accused in rape and attempt to murder case, apprehends arrest. Court directs surrender for regular bail consideration, noting victim's injuries were simple and petitioner is an old lady.
What did the court decide?
Directed petitioner to surrender before CJM, Aurangabad to seek regular bail; bail to be considered on merits considering age and injury severity.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49182 of 2015
Arising Out of PS.Case No. -12 Year- 2015 Thana -SIMRA District- AURANGABAD ====================================================== Tetari Devi Wife of Munna Paswan Resident of Kusama Basdiha, P.S. Simra, District – Aurangabad .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kunar, Adv. For the Opposite Party/s : Mr. Sucheta Yadav, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 4 15-12-2015 Petitioner apprehends her arrest in a case under section 341, 323, 307, 376, 511, 34 of the Indian Penal Code.
The petitioner is mother-in-law of the victim Suman Devi. The victim alleges that her husband is of unsound mind and taking advantage of the same, her brother-in-law tried to commit rape in which this petitioner also helped. She further alleges that on protest, her father-in-law, mother-in-law (petitioner herein) assembled at the place of occurrence, thereafter on orders of the father-in-law, mother-in-law sprinkled kerosene oil and set the victim on fire.
The petitioner submits that the allegation of pouring K.Oil on the victim is false. She also submits that it appears improbable that a mother would help her son in committing rape. Further, there was superficial burn injury to the extent of
Patna High Court Cr.Misc. No.49182 of 2015 (4) dt.15-12-2015
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3 to 9% was found on different parts of victim’s body.
Issues for consideration
2 issues framed by the court
Whether petitioner requiring regular bail as she apprehends arrest.
Whether injuries sustained by victim are simple in nature.
Parties & counsel
- petitioner
Tetari Devi
- respondent
The State of Bihar
Coram
Samarendra Pratap Singh
Case details
As recorded by the court registry
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