Partly allowed

Gulabi Devi @ Gyatri Devi v. the State of Bihar

Patna HC24 Feb 2023CR. MISC./63726/2022

Case brief

AI extract

What is this about?

Anticipatory bail application filed by two petitioners in a case involving offences under various sections of the IPC, while the first petitioner under Section 438(2) of Cr.P.C. was released upon furnishing security for bail in the event of arrest or surrender, while the second petitioner's prayer for anticipatory bail was rejected due to a specific allegation against him. The application was part

What did the court decide?

Petitioner no.1 released on anticipatory bail on furnishing bond of Rs. 25,000 plus two sureties; Petitioner no.2's prayer for anticipatory bail rejected.

Gulabi Devi @ Gyatri Devi Vs the State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63726 of 2022

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Arising Out of PS. Case No.-272 Year-2020 Thana- SANGRAMPUR District- East Champaran

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

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GULABI DEVI @ GYATRI DEVI WIFE OF MATHURA BHAGAT R/O VILLAGE- SANGRAMPUR, MATHIYA, P.O. AND P.S.SANGRAMPUR, DISTRICT- EAST CHAMPARAN

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CHHOTAN BHAGAT @ CHHOTAN KUMAR SON OF MATHURA BHAGAT R/O VILLAGE- SANGRAMPUR, MATHIYA, P.O. AND P.S.SANGRAMPUR, DISTRICT- EAST CHAMPARAN

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

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... ... Opposite Party/s

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For the Petitioner/s : Mr.Pravin Kumar, Adv. For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP

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

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 24-02-2023

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Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 325, 308, 379, 504/34 of the IPC.

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As per the prosecution case, the F.I.R. named accused persons including the petitioners assaulted the father of informant.

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It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to village

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Patna High Court CR. MISC. No.63726 of 2022(2) dt.24-02-2023 2/3

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politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific allegation is against one Bullet Bhagat and Chhotan Bhagat, who assaulted the father of the informant and injury was found to be grievous in nature. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries. Petitioners have no criminal antecedent.

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Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner no.2 to assault the father of informant.

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Since there is specific allegation against petitioner no.2 named above, I am not inclined to enlarge him on anticipatory bail. The prayer for grant of bail on his behalf is rejected.

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Having regard to the facts and circumstances of the case, since there is no specific overt act against petitioner no.1, let the above named petitioner no.1, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection

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Patna High Court CR. MISC. No.63726 of 2022(2) dt.24-02-2023 3/3

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with Sangrampur P.S. Case No.272 of 2020, subject to the

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conditions as laid down under Section 438(2) of the Cr.P.C.

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This application is partly allowed.

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(Anjani Kumar Sharan, J)

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pallavi/-

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U T

Gulabi Devi @ Gyatri Devi v. the State of Bihar

Case brief

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Gulabi Devi @ Gyatri Devi v. the State of Bihar

Case brief

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