Allowed

Madhu Kumari v. The State of Bihar

Patna HC23 Aug 2023CR. MISC./53742/2023

Case brief

AI extract

What is this about?

Three adult female petitioners apprehended arrest in Khagaria murder case (IPC 302/34). Counsel cited informant not eyewitness and suspicion-based implicature. Court granted anticipatory bail with bonds and Section 438(2) conditions.

What did the court decide?

Anticipatory bail upon arrest/surrender within six weeks, bail bond Rs.10,000 with two sureties each, subject to Section 438(2) Cr.P.C. conditions.

Madhu Kumari Vs The State of Bihar — Quashing and FIR | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53742 of 2023

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Arising Out of PS. Case No.-671 Year-2022 Thana- KHAGARIA District- Khagaria

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

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1. Madhu Kumari, aged about 18 Yrs, Female, Daughter Of Bulen Tanti Resident Of Village- Purvi Hardashchak, Ps- Muffasil, District- Khagaria

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Manisha Devi, aged about 20 Yrs, Female, Daughter Of Bulen Tanti Resident Of Village- Purvi Hardashchak, Ps- Muffasil, District- Khagaria

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Madhu Devi, aged about 25 Yrs, Female, Wife Of Wakil Tanti Resident Of Village- Purvi Hardashchak, Ps- Muffasil, District- Khagaria

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioners : Mr. Santosh Kumar Singh, Advocate For the Opposite Party : Mr. Abhay Kumar, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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2 23-08-2023 Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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The petitioners apprehend arrest in connection with Khagaria (Muffasil) P.S. Case No. 671 of 2022 dated 09.07.2022, instituted for the offence punishable under Sections 341, 323, 307, 302/34 of the Indian Penal Code.

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The prosecution case, in brief, is that on 08.07.2022 at about 6:00 pm, informant's husband has left the house on a call from one of accused persons, namely, Wakil Tanti but when he did not return for hours, informant called on her husband's mobile phone which was answered by doctor who informed

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Patna High Court CR. MISC. No.53742 of 2023(2) dt.23-08-2023 2/3

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that her husband is badly injured. It is alleged that when she went to the hospital, she found all the accused persons including petitioners were present over there but they ran away on seeing her. It is further alleged that her husband died after a while and his bicycle has been recovered from the house of the petitioners.

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Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the informant is not the eye-witness of the occurrence. As per F.I.R., the alleged occurrence took place on 08.07.2022 and F.I.R. lodged on 09.07.2022. but the informant has not mentioned the name of P.Ws who saw the occurrence. It is further submitted that only on suspicion the petitioners have been made accused in this case. Lastly, it has been submitted that the petitioners are adult females have no criminal antecedents.

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Learned A.P.P. has opposed the prayer for bail of the petitioners.

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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 / surrender of the petitioners within a period of six weeks from today, in connection with Khagaria (Muffasil) P.S. Case No. 671 of 2022, they shall be released on anticipatory

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Patna High Court CR. MISC. No.53742 of 2023(2) dt.23-08-2023 3/3

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bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria, subject to condition as laid down under Section 438(2) of the Cr.P.C.

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(Khatim Reza, J)

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annpurna /-

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U T

Madhu Kumari v. The State of Bihar

Case brief

What is this about?

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Madhu Kumari v. The State of Bihar

Case brief

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