Allowed

Lalita Devi @ Gudiya Devi v. The State Of Bihar

Patna HC5 Dec 2017CR. MISC./48087/2017

Case brief

AI extract

What is this about?

This court granted bail to the petitioner, the mother of the deceased, who was in custody accused under Sections 302, 201, and 34 of the IPC. The court noted that although suspicion arose due to inconsistent statements, no definite motive was materialised against her.

What did the court decide?

Petitioner directed to be released on bail on furnishing bail bond of Rs. 10,000 with two sureties.

Lalita Devi @ Gudiya Devi Vs The State Of Bihar — Child Sexual Offences (POCSO) | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48087 of 2017

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Arising Out of PS.Case No. -57 Year- 2017 Thana -MASAURHI District- PATNA

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====================================================== Lalita Devi @ Gudiya Devi, W/O Sanjit Kumar, Resident of Village – Daniyanwa, P.S. – Telhara, District – Nalanda. At present village – Saichak, P.S. – Beur, District – Patna.

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.... .... Petitioner/s

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Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Mishra For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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

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3 05-12-2017 Heard the counsels for the parties.

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The petitioner, who is the mother of the deceased and is in custody since 02.03.2017, seeks bail in connection with Masaurhi P.S. Case No. 57 of 2017 dated 29.02.2017 instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code.

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A naked dead body of a young girl was found lying on the road. Later, the dead body was identified to be that of the daughter of the petitioner. The petitioner, during the course of investigation, tried to impress upon the investigation agency that the deceased might have been killed by somebody who had illicit relationship with her. Since the petitioner (mother of the deceased) had been changing her stance, suspicion was raised on her and on stern interrogation, she made a statement whereby it was

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Patna High Court Cr.Misc. No.48087 of 2017 (3) dt.05-12-2017

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concluded by the investigating agency that the petitioner may have conspired for killing her own daughter. The statements recorded in the case diary are but vague and there does not appear to be any definite material pointing towards any motive of the petitioner in getting her daughter killed. It appears that only because the petitioner as mother of the deceased had been changing her statements, that such a suspicion was raised on her.

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Regard being had to the fact that the petitioner who is the mother of the deceased is in custody since 02.03.2017, this Court is inclined to grant bail to her.

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In the facts and circumstances, the petitioner above named is directed to be released on bail on her furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Masaurhi (Patna) in connection with Masaurhi P.S. Case No. 57 of 2017.

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(Ashutosh Kumar, J)

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KKSINHA/-

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U T

Lalita Devi @ Gudiya Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Lalita Devi @ Gudiya 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

Coram

Case details

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