Allowed

Kumod Devi v. the State of Bihar

Patna HC9 Aug 2021CR. MISC./5274/2021

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioners in a matrimonial cruelty case involving Sections 302, 201, and 34 IPC. The High Court directed them to remove defects and surrender within twelve weeks, providing personal bonds during lockdown and requiring monetary bail once normalcy is restored.

What did the court decide?

Anticipatory bail granted on personal bonds subject to conditions; requirement to furnish monetary bonds within eight weeks post-normalcy.

Kumod Devi Vs the State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5274 of 2021

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Arising Out of PS. Case No.-154 Year-2020 Thana- PATEPUR District- Vaishali

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

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KUMOD DEVI WIFE OF RAM NARESH JHA Village Harlochanpur Sukki, P.S.- Patepur, District- Vaishali

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RAM NARESH JHA SON OF RADHAKANT JHA Village Harlochanpur Sukki, P.S.- Patepur, District- Vaishali

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mrs.Bela Singh For the Opposite Party/s : Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 09-08-2021

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Heard learned counsel for the petitioners and learned

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APP for the State through virtual mode.

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Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy.

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The petitioners are apprehending their arrest in a case registered under Sections 302, 201 and 34 of the Indian Penal Code.

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Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

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It has been submitted on behalf of the petitioners that

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Patna High Court CR. MISC. No.5274 of 2021(2) dt.09-08-2021 2/3

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the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is mother-in-law and petitioner no. 2 is father-in-law, of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. The husband of the deceased is in custody.

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On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

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Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned A.C.J.M. -III, Vaishali at Hajipur in connection with Patepur P.S. Case No. 154/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in

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Patna High Court CR. MISC. No.5274 of 2021(2) dt.09-08-2021 3/3

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connection with the aforesaid case.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Kumod Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Kumod 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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