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Bina Devi Vs. the State of Bihar

Bina Devi vs The State of Bihar

Type Court Judgment Court Patna Decided May 12, 2012
~2 min read
https://sooperkanoon.com/case/974542

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Citation
Court
Patna 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

Bina Devi

Respondent

The State of Bihar

Excerpt

1 in the high court of judicature at patna criminal miscellaneous no.38167 of 2011 bina devi w/o manjit mahto resident of village- begampur, p.s.- naokothi, district- begusarai --petitioner versus the state of bihar --opp.party for the petitioner : mr. ashok kr. mishra for the state : m/s damodar pd. tiwary assisted by amit kumar rakesh, app”12. 01.2012 heard learned counsel for the petitioner and learned additional public prosecutors for the state. petitioner is one of the named accused in this case, being elder sister in law (gotni) of deceased daughter of the informant who died within six years of her marriage under unnatural circumstances after suffering a lot for demand of dowry, torture etc. inspite of being blessed with a male child, presently aged two and half years. submission is that the deceased fell into well resulting into her death and the only child is being maintained by the petitioner, who is only surviving 2 female member in the family. remaining two co- accused, that is, husband and father in-law of the deceased, are languishing in custody. considering the facts and circumstances, the petitioner, in the event of arrest or surrender within four weeks, is directed to be enlarged on bail on furnishing bonds of rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of chief judicial magistrate, begusarai, in nao kothi p.s. case no. 31 of 2011 subject to the conditions laid down in section 438(2) of the code of criminal procedure with additional condition that the petitioner shall remain present before the court below on each and every date till disposal of the case. in the event of failure to attend the court on two consecutive dates without any reasonable explanation, the privilege granted shall be deemed to be cancelled. ( akhilesh chandra, j.) aahmad

Full Judgment

1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38167 of 2011 Bina Devi W/O Manjit Mahto Resident Of Village- Begampur, P.S.- Naokothi, District- Begusarai --Petitioner Versus The State Of Bihar --Opp.Party For the Petitioner : Mr. Ashok Kr. Mishra For the State : M/s Damodar Pd. Tiwary Assisted by Amit Kumar Rakesh, APP”

12. 01.2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutors for the State. Petitioner is one of the named accused in this case, being elder sister in law (Gotni) of deceased daughter of the informant who died within six years of her marriage under unnatural circumstances after suffering a lot for demand of dowry, torture etc. inspite of being blessed with a male child, presently aged two and half years. Submission is that the deceased fell into well resulting into her death and the only child is being maintained by the petitioner, who is only surviving 2 female member in the family. Remaining two co- accused, that is, husband and father in-law of the deceased, are languishing in custody. Considering the facts and circumstances, the petitioner, in the event of arrest or surrender within four weeks, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai, in Nao Kothi P.S. Case no. 31 of 2011 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present before the court below on each and every date till disposal of the case. In the event of failure to attend the court on two consecutive dates without any reasonable explanation, the privilege granted shall be deemed to be cancelled. ( Akhilesh Chandra, J.) AAhmad

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