Malwa Devi v. the State of Bihar

Patna HC20 Mar 2024CR. MISC./22111/2024

Case brief

AI extract

What is this about?

Patna High Court anticipatory bail; CR. MISC. No.22111 of 2024; decided 20-03-2024 by Justice Prabhat Kumar Singh; Sections 302, 201, 34 IPC; Chandan (Anandpur) P.S. Case No. 09 of 2023, District Banka; kidnapping and murder of informant's son; informant not eyewitness; cause of death reserved pending F.S.L. Bhagalpur report; parity with co-accused granted anticipatory bail in Cr.Misc. No. 46902 of 2023 (order dt. 13.12.2023); bail bond Rs. 10,000 with two sureties; Section 438(2) CrPC conditions; State of Bihar as opposite party.

What did the court decide?

Anticipatory bail: petitioners to be enlarged on bail upon arrest/surrender within six weeks, on bail-bonds of Rs. 10,000/- each with two sureties of the like amount each, before the learned Chief Judicial Magistrate, Banka, subject to Section 438(2) CrPC conditions. ¶¶22

Malwa Devi Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who apprehend arrest in Chandan (Anandpur) P.S. Case No. 09 of 2023 registered for offences under Sections 302, 201, 34 IPC, are entitled to anticipatory bail.

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Court's answer

Anticipatory bail granted: the petitioners, in the event of arrest/surrender within six weeks, are to be enlarged on bail on furnishing bail-bonds 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, subject to the conditions laid down under Section 438(2) CrPC.

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Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, 20-03-2024, Prabhat Kumar Singh, J.). Petitioners Malwa Devi and Manager Yadav apprehended arrest in Chandan (Anandpur) P.S. Case No. 09 of 2023, District Banka, registered under Sections 302, 201, 34 IPC for the alleged kidnapping of the informant's son on 05.01.2023 and his murder on 10.01.2023, the dead body having been thrown into a well. Points urged for the petitioners: the informant was not an eyewitness and the accusation rested on suspicion; no external or internal injury was found on the deceased and the cause of death was reserved pending the F.S.L., Bhagalpur report; two similarly situated co-accused had already been granted anticipatory bail by this Court vide order dated 13.12.2023 in Cr.Misc. No. 46902 of 2023 (Annexure P/3); clean antecedents claimed. The learned A.P.P. opposed the bail petition. Held: petitioners to be enlarged on bail upon arrest/surrender within six weeks on bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Code of Criminal Procedure.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22111 of 2024

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Arising Out of PS. Case No.-9 Year-2023 Thana- CHANDAN District- Banka

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Malwa Devi Wife Of Manager Yadav Resident Of Village - Bankidih, P.S. - Chandan (ANANDPUR), District - Banka

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Manager Yadav Son Of Late Sagrith Yadav Resident Of Village - Bankidih, P.S. - Chandan (ANANDPUR), District - Banka

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... ... Petitioner/s

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Versus

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The State Of Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Praveen Kumar For the Opposite Party/s : Mr.Shailendra Kumar

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 20-03-2024

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Heard learned counsel for the petitioners and learned A.P.P. for the State.

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The petitioners apprehend their arrest in a case registered for the offence under Sections 302, 201, 34 of the Indian Penal Code.

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The prosecution case, in brief, is that on 05.01.2023, all the F.I.R. named accused persons, including both petitioners kidnapped the son of informant and thereafter, on 10.01.2023, committed the murder of son of informant and threw his dead-body into well.

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It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case due to dirty village politics. Informant is not eye-witness to the alleged

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Patna High Court CR. MISC. No.22111 of 2024(2) dt.20-03-2024 2/2

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occurrence and only on suspicion, petitioners and others have been made accused. No external or internal injury has been found on the person of deceased and opinion regarding cause of death has been reserved till report by the F.S.L., Bhagalpur. Similarly situated two co-accused have already been granted anticipatory bail by this Court, vide order dated 13.12.2023 passed in Cr.Misc. No. 46902 of 2023 (Annexure P/3). Petitioners claim clean antecedent.

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Learned A.P.P. for the State has opposed the bail

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petition.

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Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Chandan (Anandpur) P.S. Case No. 09 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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anay/-

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U T

Malwa Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Malwa 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

Procedural history

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