Allowed

Nirmala Devi and Ors. v. The State Of Bihar

Patna HC30 Aug 2016CR. MISC./33474/2016

Case brief

AI extract

What is this about?

Hearing a criminal miscellaneous petition for anticipatory bail, the Court granted bail to the petitioners apprehending arrest for offences under the Indian Penal Code, subject to furnishing bond and conditions of appearance and abstention from similar offences.

What did the court decide?

Bailed on bond of Rs. 10,000 each with two sureties subject to conditions of physical presence and abstention from similar offences.

Nirmala Devi and Ors. Vs The State Of Bihar — Quashing and FIR | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.33474 of 2016

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Arising Out of PS.Case No. -96 Year- 2016 Thana -MOHIUDDIN NAGAR District- SAMASTIPUR

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====================================================== 1. Nirmala Devi W/o Krishan Singh @ Krishna Kumar Singh @ Krishna Singh

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Rajan Kumar Singh S/o Krishan Singh @ Krishna Kumar Singh @ Krishna Singh

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Krishan Singh @ Krishna Kumar Singh @ Krishna Singh S/o Late Ambika Singh

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All Residents of village-Sultanpur Madhya, P.S.- Mohiuddin Nagar, District-Samastipur (Bihar)

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.... .... Petitioners

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Versus

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The State of Bihar

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.... .... Opposite Party

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====================================================== Appearance :

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For the Petitioners : Mr. Deepak Kumar Singh, Advocate For the Opposite Party : Mr. Rajendra Pd. Nat, APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 30-08-2016 Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code registered in connection with Mohiuddin Nagar P.S. Case No. 96 of 2016.

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It is submitted that the petitioners have been falsely implicated as there is a case and counter case between the parties. There is general and omnibus allegation against various accused persons causing injury to the informant on his head and the petitioners’ side have also sustained injuries.

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Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners’ arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten

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Patna High Court Cr.Misc. No.33474 of 2016 (2) dt.30-08-2016

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2/2

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thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 96 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions:

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(i) That one of the bailors of each of the petitioners shall be their close relative.

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(ii) That the petitioners shall not indulge in any similar offence.

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(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

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(Vikash Jain, J)

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B.T/Ibrar

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U T

Nirmala Devi and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Nirmala 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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