Allowed

Indu Devi v. The State of Bihar

Patna HC22 Jun 2021CR. MISC./35514/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioners apprehending arrest in a criminal case under various IPC sections. The court imposed conditions including furnishing bail bonds, appointing a relative as surety, and executing a good behavior undertaking.

What did the court decide?

Bail granted subject to furnishing bonds of Rs. 25,000/- each with two sureties and executing an undertaking for good behavior within six weeks.

Indu Devi Vs The State of Bihar — Cheque Dishonour | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 35514 of 2020

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Arising Out of PS Case No.-96 Year-2020 Thana- AMARPUR District- Banka

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

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Indu Devi, aged about 25 years, Sex- Female, Wife of Lakhan Yadav.

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Kartik Yadav, aged about 21 years, Sex- Male, Son of Basu Yadav. Both are resident of Village- Dumrama, PS- Amarpur, District- Banka.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kamlesh Kumar Pathak, Advocate For the State : Mr. Ramchandra Sahni, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-06-2021

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The matter has been heard via video conferencing.

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Heard Mr. Kamlesh Kumar Pathak, learned counsel for the petitioners and Mr. Ramchandra Sahni, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

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The petitioners apprehend arrest in connection with Amarpur PS Case No. 96 of 2020 dated 18.02.2020, instituted under Sections 341, 323, 307, 354, 504 and 506/34 of the Indian Penal Code.

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The allegation against the petitioners and others is of having assaulted the informant and her other family members causing various injuries.

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Patna High Court CR. MISC. No.35514 of 2020 dt.22-06-2021 2/3

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Learned counsel for the petitioners submitted that the parties are agnates and there is a case and counter case and the petitioners’ side has also received injuries. Learned counsel submitted that even as per the FIR, there is general and omnibus allegation of assault against the petitioners who are ladies and other male members. Learned counsel submitted that the injury reports of the victims, copies of which have been brought on record as Annexure-2 series in the present application, discloses that the same are simple in nature. It was submitted that the petitioners have no criminal antecedent.

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Learned APP submitted that the petitioners have also assaulted. However, it was not controverted that the allegation is general and omnibus.

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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 petitioners be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in Amarpur PS Case No. 96 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further, (i) that one

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Patna High Court CR. MISC. No.35514 of 2020 dt.22-06-2021 3/3

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of the bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioners and (iii) that they shall co-operate with the police/prosecution and the Court. Any violation of the terms and conditions of the bonds or the undertaking or failure to co-operate shall lead to cancellation of their 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 petitioners, to the notice of the Court concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioners.

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The application stands disposed off in the aforementioned terms.

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(Ahsanuddin Amanullah, J.)

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P. Kumar

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AFR/NAFR U T

Indu Devi v. The State of Bihar

Case brief

What is this about?

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Indu Devi v. The State of Bihar

Case brief

What is this about?

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