Allowed¶17

Kiran Devi v. The State of Bihar

Patna HC18 Sept 2024CR. MISC./22906/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted; Sections 366 IPC; Pakaribaraw P.S. Case No.44 of 2023, District Nawada; allegation general and omnibus; no specific overt act against petitioner; bail bond Rs. 25,000 with two sureties of like amount; Section 438(2) Cr.P.C. conditions; informant's daughter married, Annexure-P/2, para-39 case diary; Patna High Court; Justice Anjani Kumar Sharan; 18-09-2024.

What did the court decide?

Anticipatory bail: release on arrest or surrender within six weeks, on bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, in connection with Pakribarawan P.S. Case No.44 of 2023. ¶17

Kiran 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 anticipatory bail should be granted to the petitioner who apprehends her arrest in Pakaribarawan PS Case No. 44 of 2023 for an offence punishable under Sections 366 of the Indian Penal Code. +1 more

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Court's answer

The petitioner is to be released on bail in the event of arrest or surrender before the learned Court below within six weeks, on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Cr.P.C.

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Ratio / Principle

Bail was granted because, having regard to the facts and circumstances, there is no specific overt act against the petitioner even though the allegation was described as general and omnibus.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 22906 of 2024, decided 18-09-2024 by Anjani Kumar Sharan, J. — Anticipatory bail granted to Kiran Devi, wife of Jugeshwar Prasad Yadav @ Yugeshwar Yadav, who apprehended arrest in Pakaribarawan P.S. Case No. 44 of 2023 (District Nawada) registered for an offence punishable under Sections 366 of the Indian Penal Code. Petitioner's counsel contended she was falsely implicated, the allegation being general and omnibus, that the informant's daughter had already solemnized marriage with a person resident of Alwar, Rajasthan (Annexure-P/2, para-39 of case diary), and that the petitioner had no criminal antecedent; the learned APP opposed the prayer. The Court held that since there is no specific overt act against the petitioner, she shall be released on bail upon arrest or surrender before the Court below within six weeks on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22906 of 2024

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Arising Out of PS. Case No.-44 Year-2023 Thana- PAKARIBARAW District- Nawada

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

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Kiran Devi Wife of Jugeshwar Prasad Yadav @ Yugeshwar Yadav R/o Village- Dhodha, P.S.- Dhamaul, District- Nawada

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... ... Petitioner/s

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Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Ranjan For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

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ORAL ORDER

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3 18-09-2024

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Heard the parties.

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The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 366 of the Indian Penal Code.

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The allegation against the petitioner is that she induced the daughter of informant by giving her assurance that she will get her married to a nice boy.

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It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submitted that the daughter of informant has already solemnized marriage with a person who is

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Patna High Court CR. MISC. No.22906 of 2024(3) dt.18-09-2024 2/2

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resident of Alwar, Rajasthan and their marriage certificate is enclosed as Annexure-P/2 of the writ application and this fact is also evident from para-39 of the case diary. Petitioner has no criminal antecedent.

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Learned APP for the State opposed the prayer for anticipatory bail.

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Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her 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 with Pakribarawan P.S. Case No.44 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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shikha/-

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U T

Kiran Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kiran 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

Parties & counsel

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