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Sunita Devi Vs the State of Bihar — Bail and Remand | Patna HC (2019)

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Patna HC
2019
Sunita Devi Vs the State of BiharSunita Devi v. the State of Bihar

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Sunita Devi v. the State of Bihar

Patna HC10 May 2019CR. MISC./29669/2019

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to Sunita Devi apprehending arrest in PS Case No. 13 of 2019 involving IPC 147 and 438 CrPC.

What did the court decide?

Release granted on bail bond of Rs.10,000/- with two sureties of like amount with conditions.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29669 of 2019

Arising Out of PS. Case No.-13 Year-2019 Thana- NAANPUR District- Sitamarhi

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

Sunita Devi, aged about 47 years, (F), Wife of Shankar Rai, Resident of Village-Dhadhi, P.O-Dhadhi, P.S.-Nanpur, District - Sitamarhi.

... ... Petitioner

Versus

The State Of Bihar

... ... Opposite Party

====================================================== Appearance : For the Petitioner : Mr.Md. Jubair Ansari, Advocate For the Opposite Party : APP ======================================================

CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN

ORAL ORDER

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether to grant anticipatory bail to the petitioner in connection with registered case No. 13 of 2019.
2.
Whether to impose conditions for the release on bail under the Code of Criminal Procedure, 1973.

Parties & counsel

AI extract

petitioner
Sunita Devi
respondent
The State Of Bihar

Coram

AI extract

Vikash Jain

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 10 May 2019 · May
Registered: 3 May 2019
Case no.: CR. MISC./29669/2019

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Cite this judgement

Sunita Devi v. the State of Bihar, CR. MISC./29669/2019 (PAT), decided on 10 May 2019.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Vikash Jain

Parties & counsel

Outcome

Release granted on bail bond of Rs.10,000/- with two sureties of like amount with conditions.

Issue for consideration

Whether to grant anticipatory bail to the petitioner in connection with registered case No. 13 of 2019. +1 more

Detailed headnote1 paragraphs

Anticipatory bail granted to the petitioner apprehending arrest in a cases involving IPC 147 and 438 CrPC.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

2 10-05-2019

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

The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 325, 315, 498A, 379, 504 and 34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act registered in connection with Nanpur P.S. Case No. 13 of 2019.

It is submitted that the petitioner has been falsely implicated merely because she happens to be mother-in-law of the informant. It is submitted that in any event, the petitioner is residing separately with the husband of the informant and she has no concern with the day-to-day affairs of the informant and her husband. No specific overt act has been alleged against the petitioner, who claims clean antecedents.

Be that as it may, in the event of the petitioner’s arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Nanpur P.S. Case No. 13 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions --

Patna High Court CR. MISC. No.29669 of 2019(2) dt.10-05-2019 2/2

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall be well represented in court on each and every date during trial, except as and when directed by the learned court to be physically present and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J)

BT/-

U T

CNR

BRHC010401812019

Topic

Bail and Remand

Bench

Disposal

BAIL GRANTED

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10 May 2019

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