Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 90843 (PAT)

Ramdeniya Devi v. The State of Bihar

CR. MISC./1277/2025 · 2025-01-31

Mohit Kumar Shah

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1277 of 2025 In CRIMINAL MISCELLANEOUS No.56693 of 2023 Arising Out of PS. Case No.-166 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== 1. Ramdeniya Devi wife of Umakant Das Resident of village -mahammadpur Sagar ps- rajepur district- East Champaran 2. Chanda Devi Wife of Sanjeet Das Resident of village -mahammadpur Sagar ps- rajepur district- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Advocate Mr.Hemant Ray, Advocate For the Opposite Party/s : Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 2 31-01-2025 1. The present petition has been filed for modifying the order dated 30.08.2023, passed in Cr.Misc. No.56693 of 2023 to the extent that the condition imposed for the purposes of grant of bail, regarding the petitioners required to submit proof of surrender of the main accused, i.e. Mantu Kumar (husband of deceased victim lady) be waived. 2. The learned counsel for the petitioners submits that the aforesaid Mantu Kumar has already been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court by an order dated 16.04.2024, passed in Cr.Misc. Patna High Court CR. MISC. No.1277 of 2025(2) dt.31-01-2025 2/3 No.20080 of 2024, hence now there is no impediment in grant of anticipatory bail to the petitioners herein, in view of the fact that the condition imposed for the purposes of grant of anticipatory bail to the petitioners i.e. submission of proof of surrender of main accused person i.e. Mantu Kumar, no longer survives. 3. Having regard to the facts and circumstances of the case, I deem it fit and proper to expunge the condition mentioned in the aforesaid order dated 30.08.2023, regarding submission of proof of surrender of Mantu Kumar and direct the learned Court of Chief Judicial Magistrate, Motihari, East Champaran, in connection with Rajepur P.S. Case No.166 of 2022 to admit the petitioners to the privilege of anticipatory bail. 4. Accordingly, the above named petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the learned Trial Court, within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each, with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Rajepur P.S. Case No.166 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Patna High Court CR. MISC. No.1277 of 2025(2) dt.31-01-2025 3/3 5. The present petition stands disposed off with the aforesaid modification in the order dated 30.08.2023. Saurav/- (Mohit Kumar Shah, J) U T