Allowed

Sanju Devi v. The State of Bihar

Patna HC24 Mar 2023CR. MISC./248/2023

Case brief

AI extract

What is this about?

In an anticipatory bail petition, the Patna High Court, considering the view that the petitioners were falsely implicated and no cogent material existed, enlarged them on bail subject to furnishing a bond and complying with Section 438(2) CrPC conditions.

What did the court decide?

Enlargement on bail by furnishing a bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, Banka, within six weeks.

Sanju Devi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.248 of 2023

¶2

Arising Out of PS. Case No.-771 Year-2021 Thana- BANKA District- Banka

¶3

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

¶4

Sanju Devi W/o Arbind Choudhary Resident Of Village- Kakna, P.S.- Banka District- Banka.

¶5

Ramfal Choudhary S/o Late Kishori Choudhary Resident Of Village- Kakna, P.S.- Banka District- Banka.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr.Subhash Kumar Jha For the Opposite Party/s : Mr.Brajendra Nath Pandey ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

¶12

2 24-03-2023

¶13

Heard learned counsel for the petitioners and learned

¶14

counsel for the State.

¶15

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

¶16

As per the prosecution case, son of informant aged about 13 years went missing from his house, thereafter, deadbody of the son of informant was found in a well. Informant suspects that petitioners along with others committed the murder of son of informant.

¶17

It is submitted that petitioners have been falsely implicated in this case due to previous enmity. Informant is not

¶18

Patna High Court CR. MISC. No.248 of 2023(2) dt.24-03-2023 2/2

¶19

eye-witness of the occurrence and no cogent material has been collected during course of investigation. In the postmortem report, the doctor has found the cause of death as drowning. As per the inquest report, no injury was found on the person of deceased. Petitioners have also filed a case vide Complaint Case No. 377 of 2021.

¶20

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 771 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

¶21

(Prabhat Kumar Singh, J)

¶22

vinita/- U T

Sanju Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sanju Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Guddu Chouhan @ Premchand Choudhary Vs The State of Bihar

Shivnandan Yadav Vs the State of Bihar

Rajesh Prasad Vs the State of Bihar

Sanjay Chaudhary Vs The State of Bihar

Om Prakash Yadav @ Om Prakash Kumar Vs The State of Bihar

Rajesh Singh Vs the State of Bihar