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Nirmala Devi @ Mala Devi v. The State of Bihar

Patna HC18 Oct 2019CR. MISC./58585/2019

Case brief

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What is this about?

This order grants anticipatory bail to petitioners facing a dowry death prosecution. The court orders surrender within three weeks, release on bail upon surrender, and imposes conditions including local sureties on immovable property and cooperation in investigation.

What did the court decide?

Petitioners ordered to surrender within three weeks to be released on bail under conditions of local surety and cooperation in investigation.

Nirmala Devi @ Mala Devi Vs The State of Bihar — Dowry and Cruelty | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58585 of 2019

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Arising Out of PS. Case No.-34 Year-2019 Thana- LAHERIYASARAI District- Darbhanga

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

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NIRMALA DEVI @ MALA DEVI Wife of Gopal Mahto Resident of Village/Mohalla - Kaidrabad, Chakniyam Ganj, P.S.- L.N.M.U, Distt - Darbhanga.

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Asha Devi Wife of Triloki Mahto Resident of Village - Urdu Bazar, Neem Chowk, P.S.- Laheriasarai, Distt - Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Girish Chandra Jha For the Opposite Party/s : Mr.Vinod Shanker Modi ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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4 18-10-2019 Petitioners seek bail in anticipation of their arrest in connection with Laheriasarai P.S. Case No. 34 of 2019 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

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As per FIR petitioners are said to married Nanand of the deceased and it is said that for demand she was killed by hanging.

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Submission of learned counsel for the petitioners is that they are married Nanand and they are residing separately and they have falsely been implicated in this case and as a matter of fact the deceased committed suicide.

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Heard learned APP, who has opposed the prayer for

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Patna High Court CR. MISC. No.58585 of 2019(4) dt.18-10-2019 2/2

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anticipatory bail on the ground that post mortem report shows that it is a case of strangulation by rope.

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In view of above facts and circumstances, let petitioners surrender within a period of three weeks from the receipt of this order and on surrender they shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, in connection with Laheriasarai P.S. Case No. 34 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition that they have to co-operate in the investigation.

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(Vinod Kumar Sinha, J)

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spal/-

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U T

Nirmala Devi @ Mala Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nirmala Devi @ Mala 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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