Pinku Devi @ Pinki Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4353 of 2025 Arising Out of PS. Case No.-244 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.
Pinku Devi @ Pinki Devi Wife of Raj Kishor Yadav Resident ofVillageChharrapatti, P.S.- Sahebpur Kamal, Distt.- Begusarai 2.
Raj Kishor Yadav Son of Late Arjun Yadav Resident ofVillage- Chharrapatti, P.S.- Sahebpur Kamal, Distt.- Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Vikash Kumar Son of Jai Kishor Yadav Resident ofVillage - Post- Shergarh, P.S.- Gogri, Distt.- Khagaria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Sameer, Adv.
For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP For the Informant :
Mr. Umesh Prasad, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-12-2025
1. Heard learned counsel for the petitioners, learned A.P.P. for the State, Mr. Chandra Bhushan Prasad and the learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 178, 137(2), 352, 351(2) and 3(5) of the BNS as well as Sections 3 and 4 of the D.P. Act.
3. In compliance of the order dated 10.10.2025, the Superintendent of Police, Begusarai and the Station House Officer, Sahebpur Kamal P.S. along with the Investigating Officer of the case are present in the Court.
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4. The Superintendent of Police, Begusarai submits that despite his best endeavours, the victim till date could not be located, but then it is submitted that efforts are being made to locate the victim.
5. The learned counsel appearing on behalf of the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that his sister was married to Indal Yadav about four years ago, thereafter, the victim went to her matrimonial home and was leading a peaceful conjugal life, but after some times, the accused persons started treating her with cruelty and demanded dowry of Rs. 1 Lakh, as such, the informant brought the victim back, but on conciliation the victim again went back to her matrimonial home and thereafter there was no communication in between the victim and the informant and she went missing.
6. Learned counsel for the petitioners submits that petitioner no. 2 is brother of Indal and petitioner no. 1 is wife of petitioner no. 2. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that as far as demand of dowry and torture is alleged, the same is general and omnibus in nature. It is also submitted that no doubt the victim went missing from her matrimonial home, but then petitioner
3/4 no. 2 resides separately with his family and does not have much concern with the life of Indal, it is thus submitted that petitioners are separate in mess and property. It is also submitted that Indal is in custody.
7. Learned A.P.P. for the State as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that petitioners are brother and sister-in-law of Indal and as far as allegation of demand of dowry and torture is alleged, the same is general and omnibus in nature and Indal is in custody. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
8. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sahebpur
4/4 Kamal P.S. Case No. 244 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.
9. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioners despite giving assurance to this Court are not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioners.
10. Let a copy of this order be sent to the concerned police station through the learned Trial Court.
11. Accordingly, the instant anticipatory bail application stands allowed.
12. The personal appearance of the Superintendent of Police, Begusarai, Station House Officer, Sahebpur Kamal P.S. and the Investigating Officer of the case is dispensed with. (Satyavrat Verma, J) Rishabh/- U T