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Bachani Alias Bhakni Devi Vs. the State of Jharkhand

Bachani Alias Bhakni Devi vs The State of Jharkhand

Type Court Judgment Court Jharkhand Decided Jun 24, 2013
~2 min read
https://sooperkanoon.com/case/972760

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Citation
Court
Jharkhand High Court
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Bachani Alias Bhakni Devi

Respondent

The State of Jharkhand

Excerpt

in the high court of jharkhand at ranchi a. b.a. no. 4638 of 2012 bachani @ bhakni devi .........petitioner vs. the state of jharkhand ........opposite party coram: hon'ble mr. justice prashant kumar for the petitioner: mr. jyoti prasad sinha for the state: mr. shashank shekhar prasad, app 7/24.06.2013: anticipatory bail application filed by petitioner bachani @ bhakni devi is moved by sri jyoti prasad sinha and opposed by sri shashank shekhar prasad, learned additional p.p. complainant has lodged an fir vide bishnugarh p.s. case no. 125 of 2007 dated 08.09.2007, alleging therein that this petitioner killed his daughter for demand of dowry. however, in the said case, he filed a petition in the court of cjm, hazaribagh and has categorically stated that his son-in-law, samdhi and samdhin have no hand in the death of his daughter. he further stated that he lodged the said fir on some mistaken belief. it appears that police after investigation, submitted final form. later on, present protest petition filed. it further appears that after cognizance, the case of husband of deceased separated, because he was juvenile. before the juvenile court, informant appeared and deposed that his daughter never complained that inmates of her in-laws family had demanded dowry. there is no direct allegation against this petitioner. considering the aforesaid facts and circumstance, i allow this application and direct the petitioner to surrender in the court below by 04.07.2013 and in that event the court below is directed to enlarge the petitioner, above named, on bail on furnishing bail bond of rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of learned additional sessions judge-ii, hazaribagh in connection with protest(complaint) petitionno. 405 of 2008 ( s.t. no. 530 of 2009) , subject to the condition as laid down under section 438(2) of the cr.p.c. ( prashant kumar,j.) sharda/-

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B.A. No. 4638 of 2012 Bachani @ Bhakni Devi .........Petitioner Vs. The State of Jharkhand ........Opposite party CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioner: Mr. Jyoti Prasad Sinha For the State: Mr. Shashank Shekhar Prasad, APP 7/24.06.2013: Anticipatory bail application filed by petitioner Bachani @ Bhakni Devi is moved by Sri Jyoti Prasad Sinha and opposed by Sri Shashank Shekhar Prasad, learned Additional P.P. Complainant has lodged an FIR vide Bishnugarh P.S. Case No. 125 of 2007 dated 08.09.2007, alleging therein that this petitioner killed his daughter for demand of dowry. However, in the said case, he filed a petition in the court of CJM, Hazaribagh and has categorically stated that his Son-in-Law, Samdhi and Samdhin have no hand in the death of his daughter. He further stated that he lodged the said FIR on some mistaken belief. It appears that police after investigation, submitted final form. Later on, present protest petition filed. It further appears that after cognizance, the case of husband of deceased separated, because he was juvenile. Before the Juvenile Court, informant appeared and deposed that his daughter never complained that inmates of her in-laws family had demanded dowry. There is no direct allegation against this petitioner. Considering the aforesaid facts and circumstance, I allow this application and direct the petitioner to surrender in the court below by 04.07.2013 and in that event the court below is directed to enlarge the petitioner, above named, on bail on furnishing bail bond of Rs. 10,000/- ( Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Hazaribagh in connection with Protest(Complaint) PetitionNo. 405 of 2008 ( S.T. No. 530 of 2009) , subject to the condition as laid down under section 438(2) of the Cr.P.C. ( Prashant Kumar,J.) Sharda/-

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