Allowed¶23

Ranju Devi v. The State of Bihar

Patna HC12 Mar 2024CR. MISC./14176/2024

Case brief

AI extract

What is this about?

Pre-arrest bail; anticipatory bail; Section 438(2) Cr.P.C.; Patna High Court; Criminal Miscellaneous No.14176 of 2024; Banka P.S. Case No. 363 of 2023; IPC Sections 341, 323, 504, 506, 354(B), 307/34; wives of main accused; no specific allegation against petitioners; bail bond Rs. 25,000 with two sureties; Chief Judicial Magistrate Banka; verification of criminal antecedents; order loses force automatically.

What did the court decide?

Pre-arrest bail granted to both petitioners in connection with Banka P.S. Case No. 363 of 2023, upon arrest or surrender within four weeks, on bail bond of Rs. 25,000 each with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; the order stands automatically vacated if the criminal antecedent disclosure in paragraph 3 of the bail application proves incorrect. ¶23

Ranju Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners are entitled to be released on pre-arrest bail in connection with Banka P.S. Case No. 363 of 2023.

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Court's answer

Considering the nature of allegation made against the petitioners in the FIR, the petitioners were directed to be released on pre-arrest bail in the event of their arrest or surrender before the Court below within four weeks, on furnishing bail bond of Rs. 25,000 each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, subject to the conditions under Section 438(2) Cr.P.C.

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Ratio / Principle

The Court below was directed to verify the criminal antecedents of the petitioners as stated in paragraph no. 3 of the bail application; if any other case is found pending against the petitioners contrary to what was stated therein, the bail order will lose its force automatically.

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Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J.) allowed a pre-arrest bail application by two women petitioners, wives of the main accused, in Banka P.S. Case No. 363 of 2023 registered under Sections 341, 323, 504, 506, 354(B) and 307/34 of the Indian Penal Code for alleged assault on the informant and her family members and outrage of her modesty. Considering the nature of the allegations in the FIR, the Court directed release on arrest or surrender within four weeks on a bail bond of Rs. 25,000 each with two like sureties, subject to the conditions in Section 438(2) Cr.P.C. The Court below was directed to verify the criminal antecedents disclosed in paragraph 3 of the bail application; if any other case were pending contrary to that disclosure, the order would lose its force automatically.

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL MISCELLANEOUS No.14176 of 2024

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Arising Out of PS. Case No.-363 Year-2023 Thana- BANKA District- Banka

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

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Ranju Devi, aged about 49 years (Female) Wife of Nabir Chaudhary

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Manuwa Devi, aged about 29 years (Female) Wife of Pawan Chaudhary Both resident of Village- Kakna, P.S.- Banka, District- Banka

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s : Ms. Renu Kumari, A.P.P.

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====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

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ORAL ORDER

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2 12-03-2024

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Heard Mr. Brij Nandan Prasad, learned counsel appearing on behalf of the petitioners and Ms. Renu Kumari, learned APP for the State.

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The petitioners seek pre-arrest bail in connection with Banka P.S. Case No. 363 of 2023 registered for the offence punishable under Sections 341, 323, 504, 506, 354(B) and 307/34 of the Indian Penal Code.

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As per the allegation made in the FIR, all the accused persons named therein including the petitioners had

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Patna High Court CR. MISC. No.14176 of 2024(2) dt.12-03-2024 2/3

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assaulted the informant and her family members and had also outraged the modesty of the informant.

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Learned counsel appearing on behalf of the petitioners submitted that petitioner no. 1 is wife of the main accused Nabir Chaudhary and petitioner no. 2 is the wife of main accused Pawan Chaudhary. No specific allegation has been made against the petitioners. On these grounds, petitioners seek to be released on pre-arrest bail.

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Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

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Considering the nature of allegation made against the petitioners in the FIR, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Banka P.S. Case No. 363 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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The Court below is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending

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Patna High Court CR. MISC. No.14176 of 2024(2) dt.12-03-2024 3/3

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against the petitioners as what has been stated in paragraph

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no. 3, this order will lose its force automatically.

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(Purnendu Singh, J)

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Niraj/-

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U T

Ranju Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ranju Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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