Allowed

Phoola Devi v. The State of Bihar

Patna HC20 Nov 2019CR. MISC./59478/2019

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioners, who apprehend arrest in connection with a dowry death case under Sections 304(B) and 34 IPC. The court fixed the bail period for six weeks from the date of communication of the order and imposed specific conditions including surrender within the stipulated time.

What did the court decide?

And if the petitioners surrender before the court below within six weeks from the date of communication of this order, let the petitioners be released on bail.

Phoola Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59478 of 2019

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Arising Out of PS. Case No.-111 Year-2019 Thana- NOKHA District- Rohtas

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

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PHOOLA DEVI Wife of Surendra Chaudhary Resident of Village - Sheopur, P.S.- Nokha, District - Rohtas at Sasaram.

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Surendra Chaudhary Son of Ram Prasad Chaudhary Resident of Village - Sheopur, P.S.- Nokha, District - Rohtas at Sasaram.

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Vinay Chaudhary Son of Ram Prasad Chaudhary Resident of Village - Sheopur, P.S.- Nokha, District - Rohtas at Sasaram.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Raghunandan Kumar Singh For the Opposite Party/s : Mr.Sunil Kumar Pandey

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

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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3 20-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners apprehend their arrest for the offences alleged under Sections 304(B)/34 of the Indian Penal Code registered in connection with Nokha P.S. Case No. 111 of 2019.

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It is submitted that the petitioners have been falsely implicated merely because they happen to be the gotni and brothers-in-law of the deceased. The petitioners are living separately and have no concern with the day-to-day matters of the deceased and her husband. The parents-in-law of the deceased have been granted anticipatory bail by this Court in Cr. Misc. No. 57475 of 2019. The petitioners claim clean antecedents.

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Be that as it may, in the event of the petitioners’ arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten

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Patna High Court CR. MISC. No.59478 of 2019(3) dt.20-11-2019 2/2

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thousand) each with two sureties of like amount each to the satisfaction of learned ACJM IV, Rohtas at Sasaram in connection with Nokha P.S. Case No. 111 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

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i. That one of the bailors shall be a close relative of the petitioners.

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ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

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iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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iv. The petitioner no. 1 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court below to be physically present and the petitioner nos. 2 and 3 shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

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(Vikash Jain, J)

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Chandran/-

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U T

Phoola Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Phoola Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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