Allowed

Phoolo Devi @ Pulo Devi v. the State of Bihar

Patna HC27 Aug 2024CR. MISC./56894/2024

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to six family members accused of marriage-related offences. They may be released upon arrest or surrender within six weeks by furnishing a bond of Rs. 10,000 each with sureties. Conditions of Section 438(2) CrPC were imposed.

What did the court decide?

Petitioners to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000 each with two sureties of the like amount.

Phoolo Devi @ Pulo Devi Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56894 of 2024

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Arising Out of PS. Case No.-52 Year-2022 Thana- COMPLAINT CASE District- Araria

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

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PHOOLO DEVI @ PULO DEVI WIFE OF SHIVANAND RAY RESIDENT OF WARD NO. 08, LAKHANA, POLICE STATION - KASBA, DISTRICT - PURNIA

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ASHA DEVI @ AASHA DEVI WIFE OF LATE CHANDRA NAND RAY @ LATE CHANDRANAND RAY RESIDENT OF WARD NO. 08, LAKHANA, POLICE STATION - KASBA, DISTRICT - PURNIA

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SHIVANAND RAY SON OF BASANT LAL RAY RESIDENT OF WARD NO. 08, LAKHANA, POLICE STATION - KASBA, DISTRICT - PURNIA

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RAKESH RAY @ RAKESH KUMAR RAY SON OF SHIVANAND RAY RESIDENT OF WARD NO. 08, LAKHANA, POLICE STATION - KASBA, DISTRICT - PURNIA

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AKHILESH KUMAR RAY SON OF SHIVANAND RAY RESIDENT OF WARD NO. 08, LAKHANA, POLICE STATION - KASBA, DISTRICT - PURNIA

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MITHILESH KUMAR RAY SON OF SHIVANAND RAY RESIDENT OF WARD NO. 08, LAKHANA, POLICE STATION - KASBA, DISTRICT - PURNIA

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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PUJA KUMARI DAUGHTER OF TINKU HARIJAN W/O UPLESH RAI RESIDENT OF VILLAGE - PAITHELI, WARD NO. 12, P.S. - MAHALGAON, DISTRICT - ARARIA

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... ... Opposite Party/s

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

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Appearance : For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi, Advocate Mr. Dheeraj Kumar, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P. Mr. Kanhiya Kishore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 27-08-2024 1. 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

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registered for the offences punishable under Sections 147, 323, 341, 498A/34 of the Indian Penal Code as well as Sections 3

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Patna High Court CR. MISC. No.56894 of 2024(2) dt.27-08-2024 2/3

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and 4 of the Dowry Prohibition Act.

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Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the present case by the informant. It is further submitted that whenever any dispute arises in between the husband and the wife, the entire family members are implicated in a mechanical manner with general, omnibus and ornamental allegation. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the allegation is not specific against the petitioners. It is also submitted that since petitioners are related to the husband of the informant as such they have been implicated.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) each 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

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Patna High Court CR. MISC. No.56894 of 2024(2) dt.27-08-2024 3/3

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Complaint Case No. 52(C) of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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Kundan/-

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U T

Phoolo Devi @ Pulo Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Phoolo Devi @ Pulo Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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