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Droupdi Devi@ Dropati Devi v. The State Of Bihar

Patna HC20 Dec 2018CR. MISC./74625/2018

Case brief

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What is this about?

This is an anticipatory bail application filed by a female petitioner apprehending arrest in a rape case. The court considered the delay in FIR registration and the petitioner's status as a mother before granting bail with specific security and time-bound conditions for surrender.

What did the court decide?

Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of like amount within four weeks of arrest or surrender.

Droupdi Devi@ Dropati Devi Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.74625 of 2018

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Arising Out of PS. Case No.-28 Year-2018 Thana- MAHILA P.S. District- Lakhisarai

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

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Droupdi Devi @ Dropati Devi, W/o Late Jaswant Singh, Resident of VillageWard No.8, Choukra, P.S. Piri Bazar, Distt;-Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jai Prakash Singh For the Opposite Party/s : Mr.Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 20-12-2018 Heard both sides.

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Petitioner apprehends her arrest in Lakhisarai Mahila P.S. Case No.28 of 2018, registered under Sections 376, 342, 504 and 506/34 of the Indian Penal Code and under Sections 66A(E) and 67(A) of the I.T. Act.

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The victim alleged that Vijay Kumar, the son of the petitioner, called her to his house and gave some drink. The victim felt uneasy. On such the petitioner left the house. Thereafter the son of the petitioner committed rape and also snapped necked photographs of the victim.

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Learned counsel for the petitioner submits that the occurrence took place on 02.08.2018 but the FIR was lodged on 04.10.2018 only after two months of the occurrence. The petitioner is mother of Vijay Kumar. No allegation is made

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Patna High Court Cr.Misc. No.74625 of 2018(2) dt.20-12-2018 2/2

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against the petitioner.

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Taking into consideration the facts and nature of allegation made against the petitioner and the fact that the petitioner is a lady and mother of Vijay Kumar, let petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt of this order 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 the learned S.D.J.M., Lakhisarai in connection with Lakhisarai Mahila P.S. Case No.28 of 2018, subject to the conditions laid down under Section 438(2) Cr. P.C.

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(Prabhat Kumar Jha, J)

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S.KUMAR/-

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U T

Droupdi Devi@ Dropati Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Droupdi Devi@ Dropati 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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