Dhela Devi @ Most Dhela Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2435 of 2023 Arising Out of PS. Case No.-473 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== DHELA DEVI @ MOST DHELA DEVI Wife of Late Mahadev Paswan R/vBhola Tola, Dushad Pati, Ward No. 9, P.S.- Chanpatiya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vishwajeet Kumar Mishra For the Opposite Party/s :
Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-05-2023 Heard Mr. Vishwajeet Kumar Mishra, learned counsel for the petitioner and Mr. Ajay Kumar No.2, learned Additional Public Prosecutor for the State.
2. Petitioner apprehends her arrest in connection with Chanpatiya PS Case No. 473/2022 dated 12.09.2022 registered for the offence punishable under Sections 341, 323, 354, 307, 498A, 120B of the IPC and 3⁄4 of the Dowry Prohibition Act.
3. As per First Information Report, the petitioner being mother-in-law of the informant has, allegedly, abused and assaulted her along with the husband of informant, Rakesh Kumar Paswan and also provoked her son to force the informant to bring dowry from her parents.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case only because she happens to be mother-in-law of the informant. He next
Patna High Court CR. MISC. No.2435 of 2023(2) dt.15-05-2023 2/2 submits that the allegation attributed to the petitioner is general and omnibus in nature. He also submits that the husband of the informant, namely, Rakesh Kumar Paswan has been granted regular bail by a Bench of this Court in Cr. Misc. No. 7419/2023 vide order dated 20.03.2023.
5. Regards being had to the submissions made by the parties, taking into consideration the material on record and the fact that the allegation attributed to the petitioner is general and omnibus in nature, the husband of the informant has been granted bail by a Bench of this Court, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory 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- 9th Bettiah in connection with Chanpatiya PS Case No. 473/2022, subject to the condition as laid down under Section 438(2) CrPC.
(Anil Kumar Sinha, J) perwez U T