Rukmani Devi v. The State Of Bihar
Case brief
What is this about?
Hon'ble Justice Prabhat Kumar Jha granted anticipatory bail to the petitioner apprehending arrest in sections 304B, 498A and 34 IPC.
What did the court decide?
Enlargement on bail via bond of Rs. 10,000 with two sureties of like amount.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5809 of 2015
Arising Out of PS.Case No. -56 Year- 2014 Thana -KATORIA District- BANKA ====================================================== 1. Rukmani Devi W/o Late Jagarnath Tanti Resident of village - Fulbariya, Police Station - Katoria, District - Banka .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Mukherjee. Advocate. For the Opposite Party/s : Mr. A.K.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 11-02-2015 Heard both sides. The petitioner apprehends her arrest in Katoria P.S. Case No. 56 of 2014, registered for the offences punishable under Sections 304B, 498A and 34 of the Indian Penal Code.
Chandi Tanti, the informant alleged that he got information that his daughter Tetari Devi was killed by her husband and mother-in-law. He further alleged that her son-in-law used to assault his daughter after taking wine.
Learned counsel for the petitioner submits that the petitioner is mother-in-law of the deceased. The deceased had a child. The informant is not an eye witness of the occurrence. The informant himself stated that his son-in-law, the husband of the deceased used to assault the deceased after taking wine.
Patna High Court Cr.Misc. No.5809 of 2015 (2) dt.11-02-2015
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Considering the facts aforesaid and the fact that there is no specific allegation made against the petitioner who happens to be mother-in-law of the deceased, the petitioner, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri S. Gandhi, the learned Judicial Magistrate, 1st Class, Banka in connection with Katoria P.S. Case No. 56 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Issues for consideration
1 issue framed by the court
Whether an apprehension of arrest in a quashing petition requires granting anticipatory bail if no specific allegation is made against the petitioner.
Parties & counsel
- petitioner
Rukmani Devi
- respondent
The State of Bihar
Coram
Prabhat Kumar Jha
Case details
As recorded by the court registry
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