Allowed

Girija Devi v. The State Of Bihar

Patna HC19 Aug 2017CR. MISC./38686/2017

Case brief

AI extract

What is this about?

Petitioner, a 70-year-old woman accused of setting fire and dowry-related offences under the IPC, filed a bail application. The court allowed bail after considering her age and alleged lack of specific individual culpability in a dying declaration.

What did the court decide?

Enlargement of petitioner on bail on furnishing a bond of Rs. 25,000 with two sureties of like amount subject to conditions of not tampering with evidence.

Girija Devi Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38686 of 2017

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Arising Out of PS.Case No. -117 Year- 2017 Thana -SIMRI District- BUXAR

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====================================================== 1. Girija Devi, Wife of Late Bhrigunath Singh, Resident of VillageDulahpur, P.S.- Simri, District- Buxar.

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.... .... Petitioner/s Versus

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The State of Bihar.

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shree Kant Pandey For the Opposite Party/s : Mr. Sri Sanjay Kumar

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====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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2 19-08-2017 Heard the parties.

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The petitioner seeks regular bail in connection with Simri P.S.Case No.117 of 2017, registered for offences punishable under Sections 341, 323, 326, 307 and 498A/34 of the Indian Penal Code.

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Allegation against the petitioner is of setting her fire in collusion with the other co-accused persons.

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Submission of the learned counsel for the petitioner is her and there is no specific allegation against this petitioner.

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Heard learned A.P.P. as well as the learned counsel for the informant. They have opposed the prayer for bail stating that the statement of the girl has been recorded wherein she has named this petitioner along with the other accused persons.

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Patna High Court Cr.Misc. No.38686 of 2017 (2) dt.19-08-2017

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2/2

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Having heard both sides, although there is dying declaration of deceased, naming this petitioner also but considering the fact that the petitioner is 70 years old, allegation of setting her on fire on other accused and she is in custody for two months, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IVth, Buxar in connection with Simri P.S.Case no.117 of 2017.

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With following conditions :

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(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.

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(iii) The petitioner shall co-operate in disposal of trial and make herself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, her bail bond shall be cancelled.

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With the aforesaid observation, this application is allowed.

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(Vinod Kumar Sinha, J)

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chn/-

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U T

Girija Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Girija Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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