Allowed

Bindeshwari Sharma and Ors. v. The State Of Bihar

Patna HC22 Feb 2018CR. MISC./10121/2018

Case brief

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What is this about?

The Patna High Court allowed a petition for anticipatory bail under Section 438 Cr.P.C. The petitioners, alleged relatives of a deceased person charged in an IPC case involving dowry death, were granted bail upon surrender within six weeks subject to specific conditions regarding sureties and behavior.

What did the court decide?

Anticipatory bail allowed subject to surrender within six weeks and subsequent conditions regarding sureties, cooperation, and non-interference with witnesses.

Bindeshwari Sharma and Ors. Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10121 of 2018

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Arising Out of PS. Case No.-557 Year-2017 Thana- GHORASAHAN District- East Champaran

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======================================================

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Bindeshwari Sharma, S/o Yamuna Sharma,

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Dhanwanti Devi W/o Bindeshwari Sharma,

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Manisha Kumari D/o Bindeshwari sharma, All are R/o Vill.Nonaura, P.S.- Ghorasahan, Distt.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. SMT. ANITA KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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2 22-02-2018

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Heard learned counsel for the petitioners and learned APP for the State.

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Petitioners apprehend their arrest in Ghorasahan P.S. case no. 557 of 2017 instituted for the offence under Section(s) 304B, 120B and 201 of the Indian Penal Code.

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Learned counsel for the petitioners has submitted that petitioners are father-in-law , mother-in-law and sister in law (Nand) of the deceased. There is general and omnibus allegation against these petitioners.

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In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six

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Patna High Court Cr.Misc. No.10121 of 2018(2) dt.22-02-2018 2/2

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weeks from today in connection with Ghorasahan P.S. case no. 557 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SDJM Sikarahana at Dhaka, East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

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(Sanjay Priya, J)

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shyambihari/-

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U T

Bindeshwari Sharma and Ors. v. The State Of Bihar

Case brief

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Bindeshwari Sharma and Ors. v. The State Of Bihar

Case brief

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