Allowed

Mila Devi v. The State of Bihar

Patna HC14 Jun 2021CR. MISC./23657/2021

Case brief

AI extract

What is this about?

The Patna High Court granted bail to Mila Devi in a criminal case involving homicide and conspiracy. The petitioner, present at the scene but with no direct allegations, was released on bond with conditions requiring a relative surety and cooperation.

What did the court decide?

Granted bail bond of Rs. 25,000/- with two sureties of like amount each, subject to Section 438(2) CrPC conditions.

Mila Devi Vs The State of Bihar — Bail and Remand | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23657 of 2021

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Arising Out of PS. Case No.-82 Year-2020 Thana- ISMAILPUR District- Bhagalpur

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

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Mila Devi, aged about 35 F, wife of Ashok Mandal, R/O Village- Navtoliya Sudan Tola, P.S.- Ismilepur, District- Bhagalpur.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Md. Arif, APP ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 14-06-2021

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The matter has been heard via video conferencing.

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The case has been taken up out of turn on the basis

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of motion slip filed by learned counsel for the petitioner on 10.06.2021, which was allowed.

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Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioner and Mr. Md. Arif, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

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The petitioner apprehends arrest in connection with Ismailpur PS Case No. 82 of 2020 dated 31.10.2020, instituted under Sections 147, 148, 149, 307, 302 of the Indian Penal Code and 27 of the Arms Act, 1959.

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The allegation against the petitioner is that she, along with two others, had come to the spot where her husband,

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Patna High Court CR. MISC. No.23657 of 2021 dt.14-06-2021 2/3

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son and another person had assaulted the informant, her father and her mother leading to the death of the father of the informant and bullet injury to the mother of the informant and also to the informant.

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Learned counsel for the petitioner submitted that just because her husband and son have been made accused and specific overt acts have been attributed to them, the petitioner has also been implicated, though totally without any basis. It was submitted that even if the allegation is accepted at its face value, the only allegation is that she along with two other persons was also present at the spot when the incident had occurred. Learned counsel submitted that the petitioner, besides being a lady, has no criminal antecedent.

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Learned APP submitted that the husband and son of the informant had fired leading to death of the father of the informant. However, it was not controverted that, as per the prosecution story, the petitioner was only present at the time of incident.

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Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon

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Patna High Court CR. MISC. No.23657 of 2021 dt.14-06-2021 3/3

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furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Naugachia, Bhagalpur, in Ismailpur PS Case No. 82 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further (i) that one of the bailors shall be a close relative of the petitioner, and (ii) that the petitioner shall cooperate with the Court and police/prosecution. Failure to cooperate shall lead to cancellation of her bail bonds.

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It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioner, to the notice of the Court concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioner.

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The application stands disposed off in the aforementioned terms.

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(Ahsanuddin Amanullah, J)

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J. Alam/-

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AFR/NAFR U
T

Mila Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mila 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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