Allowed

Reeta Devi @ Rita Devi v. The State of Bihar

Patna HC12 Aug 2020CR. MISC./19771/2020

Case brief

AI extract

What is this about?

In a bail application, the Patna High Court granted anticipatory bail to the petitioners, who faced charges under Sections 304B, 201, and 120B/34 IPC. The court allowed release on surrender within a stipulated period subject to furnishing bail bonds and sureties.

What did the court decide?

Ordering the petitioners to be released on bail upon surrender within eight weeks, subject to furnishing bonds of Rs 10,000 each with two sureties of the like amount.

Reeta Devi @ Rita Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL MISCELLANEOUS No.19771 of 2020

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Arising Out of PS. Case No.-335 Year-2019 Thana- MADHAURAH District- Saran

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

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Reeta Devi @ Rita Devi Wife of Bhola Mahto

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Chandan Kumar Son of Bhola Mahto

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Both are Resident of Village - Pithouri, Mirjapur Tola, Taranpur, Bin Toli, Mothaha Rampur, P.S.- Marhaura, District- Saran at Chapra

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : M/s Bindhyachal Singh, Ram Binod Singh For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA

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ORAL ORDER

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2 12-08-2020 The defects, as pointed out by the office, be

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ignored.

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Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State .

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Petitioners apprehend their arrest in connection with Marhaura P.S. Case No. 335/2019 registered for the offences punishable under Sections 304B, 201, 120B/34 of the Indian Penal Code.

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Initially, the informant filed complaint case, which was converted into the above stated police case.

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Patna High Court CR. MISC. No.19771 of 2020(2) dt.12-08-2020 2/3

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No doubt, the deceased is said to have died within one year of her marriage but, admittedly, the dead body of the deceased was not recovered.

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Submissions on behalf of the petitioners is that petitioner No. 1 is mother-in-law whereas petitioner No. 2 is brother-in-law of the deceased and, as a matter of fact, the deceased died of her ailment and her dead body was cremated in presence of informant but, subsequently, the informant under the influence of enemies of the petitioners lodged this case. He, further, submits that so far as the husband of the deceased is concerned, he has already been sent to jail custody and, moreover, no specific overt act has been attributed against the petitioners.

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Considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that petitioners, in the event of their arrest/ surrender within eight weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in Marhaura P.S. Case No. 335/2019 subject to conditions as laid down under Section

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Patna High Court CR. MISC. No.19771 of 2020(2) dt.12-08-2020 3/3

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438(2) of the Cr.P.C.

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(Hemant Kumar Srivastava, J)

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Spd/-

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U T

Reeta Devi @ Rita Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Reeta Devi @ Rita Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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