Allowed¶20

Vandana Kumari v. The State of Bihar

Patna HC4 Apr 2024CR. MISC./23657/2024

Case brief

AI extract

What is this about?

Patna High Court bail order dated 04-04-2024, Cr. Misc. No.23657 of 2024, Justice Dr. Anshuman; petitioner Vandana Kumari; Bidupur P.S. Case No. 21 of 2017, Vaishali; IPC Sections 341, 323, 326, 307, 498A, 304, 120B; regular bail after framing of charge; bail bonds Rs.30,000 with two sureties; ACJM Vaishali at Hajipur; conditions under Section 437(3) Cr.P.C.; surrender 19.12.2023; husband in custody and convicted; State opposition on absconding.

What did the court decide?

Regular bail granted to the petitioner conditional upon framing of charge if the charge is not framed yet, on bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Vaishali at Hajipur, subject to conditions under Section 437(3) Cr.P.C. ¶20

Vandana Kumari Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether regular bail should be granted to petitioner Vandana Kumari in connection with Bidupur P.S. Case No. 21 of 2017.

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Court's answer

Regular bail is granted to the petitioner, conditional upon framing of charge if the charge has not already been framed.

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Ratio / Principle

The bail is on furnishing bail bonds of Rs. 30,000 with two sureties of the like amount each, to the satisfaction of the learned ACJM, Vaishali at Hajipur, subject to the conditions laid down under Section 437(3) of the Cr.P.C.

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Detailed headnote1 paragraphs

Regular bail granted - High Court of Judicature at Patna, Criminal Miscellaneous No.23657 of 2024 arising out of Bidupur P.S. Case No. 21 of 2017 (Thana-Bidupur, District-Vaishali), oral order dated 04-04-2024 by Honourable Mr. Justice Dr. Anshuman. Vandana Kumari W/o Niraj Kishore Singh @ Pankaj Kumar, who surrendered on 19.12.2023 and has been in custody since, sought regular bail in the FIR (registered 24.01.2017) lodged under Sections 341, 323, 326, 307, 498A, 304 and 120B I.P.C. against four named accused persons. Counsel for the petitioner was unable to state whether charge had been framed. The Court granted bail conditional upon framing of charge if the charge is not framed yet, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Vaishali at Hajipur, subject to the conditions under Section 437(3) Cr.P.C. The State had opposed bail on the ground that the petitioner was absconding since the 2017 FIR, owing to which trial commenced only against one accused; the petitioner's husband was stated to be already in custody and convicted.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23657 of 2024

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Arising Out of PS. Case No.-21 Year-2017 Thana- BIDUPUR District- Vaishali

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

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Vandana Kumari Wife of Niraj Kishore Singh @ Pankaj Kumar Resident of Village- Fulpura, P.S.- Bidupur, District- Vaishali, Bihar

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mrityunjay Kumar For the State : Mr. Jagadhar Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

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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

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Bidupur P.S. Case No. 21 of 2017 registered on 24.01.2017 lodged under Sections 341, 323, 326, 307, 498A, 304 and120B I.P.C.

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As per the prosecution case, F.I.R. has been lodged against four named accused persons against whom there is an allegation that petitioner along with the other members of the family used to assault the informant.

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Counsel further submits that petitioner is innocent and has committed no offence. He submits that petitioner is the Gotni of the deceased and husband is already in custody and upon commencement of trial against the petitioner, he has been convicted in the appeal. He further submits that petitioner was

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Patna High Court CR. MISC. No.23657 of 2024(2) dt.04-04-2024 2/2

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completely unaware of this fact but as she came to know, she has surrendered on 19.12.2023 and is in custody since 19.12.2023 having no case pending against her.

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Learned counsel for the State opposes the prayer for bail and submits that F.I.R. is of the year 2017 and petitioner was absconding, and it is due to this reason trail has commenced against only one of the accused persons.

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Upon specific query made by this Court that whether charge has been framed or not, counsel for the petitioner submits that he is not aware of this fact that charge has been framed 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 the charge is not framed yet and on furnishing bail bonds of Rs.30,000/(Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 21 of 2017, subject to the conditions laid down under Section 437 (3) of the Cr.P.C.

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(Dr. Anshuman, J)

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Sunnykr/-

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Vandana Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vandana Kumari 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

Coram

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