The Patna High Court granted bail to Ram Dulari Devi accused of murder, noting allegations were general and supported by witness statements that the victim left voluntarily, with a charge-sheet already filed.
Released on bail with Rs. 10,000 bond and two sureties, subject to cooperation in trial and conditions regarding bailor identity.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12171 of 2022
Arising Out of PS. Case No.-336 Year-2021 Thana- VAISHALI District- Vaishali
======================================================
Ram Dulari Devi @ Dulari Devi W/o Late Dipali Singh Resident of VillageDaudnagar, P.S. and District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Ms. Bela Singh, Advocate For the Opposite Party/s : Ms. Rina Sinha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 12-07-2022
Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Vaishali P.S. Case No. 336 of 2021 registered for the offence under Sections 364, 406, 302, 201 and 120B of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 31.12.2021.
The allegation against the petitioner is to commit murder of brother-in-law of the informant along with other coaccused persons.
Learned counsel appearing on behalf of the petitioner submitted that allegation is against the petitioner is very much
Patna High Court CR. MISC. No.12171 of 2022(2) dt.12-07-2022 2/3
general and omnibus in nature and he was implicated in the present on mere suspicion. It has further been submitted that nothing incriminating surfaced during course of investigation, which may connect the petitioner with the present set of occurrence. It has further been submitted that during course of investigation, number of witnesses including father of the victim/deceased recorded statement under Section 161 or 164 Cr.P.C. that his son left the house for and did not return his house. It has further been submitted that the petitioner is a lady. While concluding the argument, it has been submitted that similarly situated co-accused person has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 269 of 2022 dated 25.04.2022 .
Learned APP, while opposing the prayer of bail, fairly conceded the fact that allegation is very much general and omnibus against the petitioner.
Considering the facts and circumstances as mentioned above, as the father of the victim stated during course of investigation that the victim/deceased son left the house for job coupled with the fact that charge-sheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Vaishali P.S.
Patna High Court CR. MISC. No.12171 of 2022(2) dt.12-07-2022 3/3
Case No. 336 of 2021 on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Chief Judicial Magistrate, Vaishali/concerned court, subject to the following conditions:
“(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(ii) That one of the bailors shall be Mukesh Prasad, who is the son-in-law (brother of her daughter-in-law) of the petitioner and deponent of the present bail petition.”
(Chandra Shekhar Jha, J)
S.Katyayan/ R.S.Sen/-
U T
3 issues framed by the court
Whether the petitioner is entitled to bail pending trial despite being accused of murder under Sections 302 and 364 of the IPC.
Whether allegations of murder are general and omnibus, rendering them insubstantial.
Whether grant of bail is appropriate considering the victim's father alleged the victim left for job and missing co-accused have already been granted bail.
Ram Dulari Devi @ Dulari Devi
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
