Partly allowed

Renu Devi v. The State of Bihar

Patna HC14 Mar 2024CR. MISC./16050/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by two petitioners in an assault case under multiple IPC sections including 307. The court rejected anticipatory bail for petitioner no. 2 but granted it to petitioner no. 1, a woman without criminal antecedents, subject to conditions under Section 438(2) Cr.P.C.

What did the court decide?

Anticipatory bail granted to Renu Devi (petitioner no. 1) on bond of Rs.10,000 with two sureties; prayer of Guddu Singh rejected.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16050 of 2024

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Arising Out of PS. Case No.-329 Year-2023 Thana- LALGANJ District- Vaishali

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

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Renu Devi W/o Guddu Singh @ Guddu Kumar Singh Resident of VillageWafapur Sharma, Post- Sirsa Biran, P.S.- Lalganj, District- Vaishali

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Guddu Singh @ Guddu Kumar Singh Son of Late Bhola Singh Resident of Village- Wafapur Sharma, Post- Sirsa Biran, P.S.- Lalganj, District- Vaishali

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Mirityunjay Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 14-03-2024 Heard the parties.

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The petitioners are apprehending their arrest in connection with Lalganj P.S. Case No. 329 of 2023 for the offence under sections 341, 323, 324, 325, 307, 379, 504, 506/34 of the I.P.C. lodged on 19.09.2023 by the informant, Lalan Singh.

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As per the prosecution story, the informant alleged that firstly, the maternal grandson of the informant was assaulted and later, the allegation is that his brother Kameshwar Singh, Jitendra Kumar and Ranjit Kumar were also assaulted. Due to serious injury, there were shifted to Sadar Hospital, Hajipur. Accordingly, the FIR.

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Patna High Court CR. MISC. No.16050 of 2024(2) dt.14-03-2024 2/3

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Learned counsel for the petitioners submit that there is omnibus allegation against all the accused persons. Further, the allegations have been found to be simple though he concedes that so far as Jitendra Kumar is concerned, the injuries on his head is found to be grievous.

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Learned APP opposes the prayer.

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Taking into account the aforesaid submissions put forward by the parties, so far as the petitioner no. 2, Guddu Singh is concerned, his anticipatory bail application stands rejected.

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Regarding petitioner no. 1, Renu Devi is concerned, though the allegation is also against her, she is a lady, do not have criminal antecedent and will be facing the trial, this Court is inclined to extend her the privilege of anticipatory bail with conditions.

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Let the petitioner no. 1 be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/(Ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM, VII, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 329 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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Patna High Court CR. MISC. No.16050 of 2024(2) dt.14-03-2024 3/3

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(i) one of the bailor should be the family member of the petitioner no. 1 who shall provide official document to show his/her bona fide;

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(ii) the petitioner no. 1 shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;

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(iii) the petitioner no. 1 shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(iv) the petitioner no. 1 shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bond.

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(Rajiv Roy, J)

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kiran/-

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U T

Renu Devi v. The State of Bihar

Case brief

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Renu Devi v. The State of Bihar

Case brief

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