Allowed¶18

Ramawati Devi v. the State of Bihar

Patna HC4 Apr 2024CR. MISC./23284/2024

Case brief

AI extract

What is this about?

Patna High Court, Cr. Misc. No.23284 of 2024, decided 04-04-2024 by Dr. Anshuman, J. Regular bail to Ramawati Devi in Bagengola P.S. Case No.123 of 2023 (Ss. 302 & 201 IPC, murder and causing disappearance of evidence) concerning death and burning of the informant's daughter; defence relied on informant's affidavit before CJM alleging wrong information, petitioner's custody since 14.12.2023, clean antecedents and surrender of husband co-accused (disputed by State); bail allowed after framing of charge on Rs.30,000/- bond with two sureties, conditions u/S 437(3) Cr.P.C.

What did the court decide?

Regular bail granted to the petitioner after framing of charge, if not framed, on bail bond of Rs.30,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar, subject to conditions under Section 437(3) Cr.P.C.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23284 of 2024

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Arising Out of PS. Case No.-123 Year-2023 Thana- BAGENGOLA District- Buxar

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====================================================== Ramawati Devi Wife Of Umesh Yadav Resident Of Village - Sukar Tola, P.S. - Bagengola, District - Buxar

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... ... Petitioner/S

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Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravi Shankar Pathak, Adv. For the Opposite Party/s : Mr.Upendra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 04-04-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner seeks regular bail in connection with Bagengola P.S. Case No.123 of 2023 lodged under Sections 302 and 201 of the I.P.C.

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As per the prosecution case, the F.I.R. has been lodged against six named accused persons including the petitioner against whom the informant has alleged that the marriage of his daughter was solemnized with one accused Umesh Yadav who used to torture the daughter of the informant with the help of his second wife(petitioner) and allegation has been made that they have killed and with a view to elope, they burnt the dead body.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that it is true that there is allegation in the F.I.R., but it is also true that before the Chief Judicial Magistrate, the informant has

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Patna High Court CR. MISC. No.23284 of 2024(2) dt.04-04-2024 2/2

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submitted another application in the form of an affidavit in which he has narrated the entire situation under which the F.I.R. has been lodged due to wrong information.

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Counsel further submits that the petitioner is in custody since 14.12.2023 and the petitioner is a female having clean antecedent.

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Counsel further submits that during pendency of the bail application, the husband of the petitioner has already surrendered.

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Learned counsel for the State opposes the prayer for bail and submits that from the petition, it does not transpires that whether husband has surrendered or not.

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In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed , on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Bagengola P.S. Case No.123 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

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(Dr. Anshuman, J.)

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Prakashmani/-

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U T

Ramawati Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Ramawati 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

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