Allowed

Baby Devi v. The State of Bihar

Patna HC20 Feb 2024CR. MISC./9334/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a dowry death case alleging murder and cremation of a young married woman. The court noted co-accused had been acquitted or bailed and the petitioners' clean record, and directed release on anticipatory bail on surrender within six weeks with bail bonds of Rs 10,000 each.

What did the court decide?

Anticipatory bail granted on surrender within six weeks; bail bonds Rs 10,000 each with two like sureties to J.M. 1st Class, Muzaffarpur, subject to Section 438(2) Cr.P.C. conditions.

Baby 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.9334 of 2024

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Arising Out of PS. Case No.-28 Year-2021 Thana- AURAI District- Muzaffarpur

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

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1. Baby Devi Wife Of Sanjeet Mahto Resident Of Village-Jogaira, P.S.-Jale, District-Darbhanga.

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Dharmendra Mahto Son Of Ganga Mahto Resident Of Village-Panapur, P.S.Aurai, District-Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Parasmani, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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2 20-02-2024

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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The petitioners apprehend arrest in connection with Aurai P.S. Case No. 28 of 2021 dated 23.02.2021, instituted for the offence punishable under Sections 304B, 201, 34 of the Indian Penal Code.

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The prosecution case, in brief, is that, the daughter of informant was married to one Babloo Mahto in the year 2015 and as per their capacity informant gave gifts in her marriage. However, his son-in-law namely Babloo Mahto and other family members namely, Yogendra Mahto, Archana Kumari, Nitish Kumar, Bebi Devi and Dharremendra Mahto committed her

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Patna High Court CR. MISC. No.9334 of 2024(2) dt.20-02-2024 2/3

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murder and dispose off her body and cremated her on 22.02.2021. On 23.02.2021 at 07:00 am, the informant along with other co-villager went there and came to know that her inlaws had killed his daughter and cremated her body. When informant along with villagers reached the place of occurrence, they found sugar in large quantity on the ground where the dead body was burnt and it is further alleged that the said occurrence took place because the daughter of informant gave birth to three girl children for which her in-laws people used to torture her and demanded Rs. 5,00,000/-.

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Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that petitioner no. 1 is married nanad residing at her sasural and petitioner no. 2 is the covillager of the husband of the deceased. Learned counsel further submitted that husband of the deceased has been acquitted (Annexure-2) mother-in-law was granted regular bail vide Criminal Miscellaneous No. 27112 of 2022 by an order dated 23.08.2022, father-in-law of the deceased has been granted anticipatory bail vide Criminal Miscellaneous No. 49452 of 2023 by an order dated 16.08.2023. Lastly, it has been submitted that the petitioners have no criminal antecedents.

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Patna High Court CR. MISC. No.9334 of 2024(2) dt.20-02-2024 3/3

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Learned A.P.P. has opposed the prayer for bail of

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the petitioner.

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Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Aurai P.S. Case No. 28 of 2021, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1^st Class, Muzaffarpur, subject to condition as laid down under Section 438(2) of the Cr.P.C.

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(Khatim Reza, J)

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sankalp/-

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U T

Baby Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Baby Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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