Allowed

Amerika Devi v. the State of Bihar

Patna HC5 Jul 2022CR. MISC./8625/2022

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner, a woman accused of murder and related offences in a land dispute case, directing her release after dismissing the State's objection that the specific assault allegation targeted a co-accused.

What did the court decide?

Petitioner released on bail in connection with Maheshkhunt P.S. Case No. 56 of 2019 on furnishing a bond of Rs. 10,000 with two sureties.

Amerika Devi Vs the State of Bihar — Landlord and Tenant | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8625 of 2022

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Arising Out of PS. Case No.-56 Year-2019 Thana- MAHESHKHUNT District- Khagaria

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

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Amerika Devi Wife of Mithlesh Mandal R/O Samaspur, Ward No. 2, P.S.Maheshkhunt, Dist.- Khagaria

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... ... Petitioner/s

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The State of Bihar

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... ... Opposite Party/s

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

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Appearance :

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For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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3 05-07-2022

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Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

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Let the defect(s), if any, be removed within a period of four weeks from today.

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The petitioner seeks bail in connection with Maheshkhunt P.S. Case No. 56 of 2019 registered for the offence under Sections 341, 323, 324, 504, 302 and 34 of the Indian Penal Code.

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The accused/petitioner is named in the F.I.R. and is in custody since 05.10.2021.

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The allegation against the petitioner is to commit murder of grand daughter of the informant alongwith other coaccused persons, equipped with deadly weapons like lathi etc.

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Learned counsel appearing on behalf of the petitioner

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Patna High Court CR. MISC. No.8625 of 2022(3) dt.05-07-2022 2/3

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submitted that the present occurrence is founded over land dispute for a passage. It is further submitted that during the course of investigation, it is surfaced that it was the co-accused, namely, Sohit Kumar, who alleged to assault specifically to the deceased with lathi, causing her death. While concluding the argument, it is submitted that petitioner, who is a lady, is a person of clean antecedent and, moreover, chargesheet has already been submitted in this case, as such, there is no chance of tampering with the evidence.

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Learned APP appearing on behalf of the State, while opposing the prayer of bail, submitted that the allegation, as regard to assault is omnibus, as per F.I.R.

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Considering the facts and circumstances as mentioned above, as specific allegation, as regard to assault, is against coaccused, namely, Sohit Kumar, as surfaced during the course of investigation coupled with the fact that petitioner is a lady, let the petitioner, above named, is directed to be released on bail in connection with Maheshkhunt P.S. Case No. 56 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Khagaria, subject to the following conditions:

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Patna High Court CR. MISC. No.8625 of 2022(3) dt.05-07-2022

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3/3

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“(i) Accused/Petitioner shall

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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.

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(ii) That one of the bailors shall be Shravan Kumar, who is the brother of the petitioner and deponent of the present bail petition.”

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(Chandra Shekhar Jha, J)

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Ankit/-

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U T

Amerika Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Amerika Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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