Allowed

Godawari Devi v. The State of Bihar

Patna HC26 Oct 2024CR. MISC./54971/2024

Case brief

AI extract

What is this about?

Three relatives of the informant sought anticipatory bail in a Rosera P.S. case alleging kidnapping and murder over a land dispute; police had filed a final form but cognizance was taken on protest. The court directed release on bail with conditions under Section 438(2) CrPC if arrested or surrendered within six weeks.

What did the court decide?

Petitioners to be released on anticipatory bail on furnishing bail bonds of Rs.10,000 each with two like sureties upon arrest/surrender within six weeks, subject to Section 438(2) CrPC conditions.

Godawari 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.54971 of 2024

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Arising Out of PS. Case No.-66 Year-2019 Thana- ROSERA District- Samastipur

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

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1. Godawari Devi wife of Late Kapildeo Jha Village- Kalwara W.No-11, PsRosera Dist- Samastipur

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Raj Kumari Devi wife of Ram Naresh Jha Village- Kalwara W.No-11, PsRosera Dist- Samastipur

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Ram Naresh Jha son of Late Yugeshwar Jha Village- Kalwara W.No-11, PsRosera Dist- Samastipur

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prahalad Kumar Bhagat, Advocate For the State : Mr. Anand Kishore Choudhary, APP For O.P. No.2 : Mr. Deepak Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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... ... Opposite Party/s

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3 26-10-2024 Heard learned counsel for the petitioners, learned A.P.P.

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for the State and learned counsel for O.P. No.2 (complainant).

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Petitioners apprehend their arrest in connection with Rosera P.S. Case No.66 of 2019 arising out of C.R. No.559 of 2021 instituted under Sections 364 and 120B of the I.P.C.

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As per prosecution case, it is alleged that when the informant’s son did not return to his house after attending Chhatti feast of the grandson of one Binod Kumar, the informant’s contacted his son on his mobile which was found switched off. Thereafter during search, the motorcycle and spectacles were found near Singhiya Bridge and dead body of

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Patna High Court CR. MISC. No.54971 of 2024(3) dt.26-10-2024 2/3

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two deceased were recovered from Gandak River including the dead body of the son of the informant. Therefore, the informant has got full confidence that the named accused persons have murdered his son due to land dispute.

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Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case due to land dispute. After investigation, the police submitted final form. However, on the protest-cum-complaint petition filed on behalf of the informant, the cognizance has been taken against the petitioners. There is no evidence against the petitioners except suspicion on behalf of the informant. Petitioner nos.1 is sister, petitioner no.2 is bhabhi and petitioner no.3 is full brother of the informant, who are senior citizens. They have no criminal antecedents and they undertake to cooperate in the trial.

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Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail.

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Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of

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Patna High Court CR. MISC. No.54971 of 2024(3) dt.26-10-2024 3/3

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the like amount each to the satisfaction of learned J.M., 1^st Class, Rosera, Samastipur in connection with Rosera P.S. Case No.66 of 2019 arising out of C.R. No.559 of 2021 corresponding to G.R. No.1023 of 2024, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

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(Sunil Dutta Mishra, J)

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Harish/-

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U T

Godawari Devi v. The State of Bihar

Case brief

What is this about?

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Godawari Devi v. The State of Bihar

Case brief

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