Anita Devi v. The State of Bihar
Case at a glance
- Bench
- ANSHUMAN
Provisions considered
- Indian Penal Code, 1860 ss. 34, 302
- Code of Criminal Procedure, 1973 s. 437(3)
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN Mr.Dharmendra Kumar Paswan, Advocate Mr.Ajay Kumar Jha, APP ORAL ORDER 3 17-11-2022 Let the defect, if any, be removed within two weeks from today. Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners seek regular bail in connection with Bidupur P.S. Case No. 532 of 2020 lodged under Sections 302/34 of the I.P.C. As per prosecution, the informant has disclosed that his father is in business of sale and purchase of animals since last 10 years and it is due to this reason one accused Manju Devi used to visit at his house to meet with his father. It has been alleged that the said Manju Devi has collected Rs.3,00,000/- Patna High Court CR. MISC. No.37551 of 2022(3) dt.17-11-2022 from the father of the informant and on 04.12.2020 she has visited and called the informant’s father to her house for the calculation and to return money.
It has been alleged that till the morning of 05.12.2020 father of the informant has not returned, in search it was found that dead body has been found in mango orchard situated near the house of the said Manju Devi and his father was found dead hanging by rope, on the basis of strong suspicion the case has been filed against 5 named accused persons all of the family members of the Manju Devi. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Counsel further submits that both the petitioners are female and they are Gotani of Manju Devi and they have separate residence and they have nothing to do with the business affairs of Manju Devi. Counsel further submits that antecedent of the petitioners is clean and they are in custody since 08.04.2022. Learned counsel for the State opposes the prayer for bail but submits that in the case diary no cogent material found against the present petitioners.
In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Patna High Court CR. MISC. No.37551 of 2022(3) dt.17-11-2022 Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 532 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C.. With this observation, the bail application stands allowed. (Dr. Anshuman, J.) ravishankar/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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