Rukmani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3509 of 2025 Arising Out of PS. Case No.-26 Year-2024 Thana- MAHILA PS District- Gopalganj ====================================================== 1.

Rukmani Devi W/O Late Kanchan Rai R/O Village- Banjariya, p.SKuchaikot, Distt.- Gopalganj. 2.

Ravi Rai S/O Ishwarchandra Rai R/O Village- Banjariya, p.S- Kuchaikot, Distt.- Gopalganj.

3.

Nishu Rai @ Nishu Devi W/O Pujari Pandey, D/O Late Kanchan Rai R/O House No. 55, Siahi Maijra, Sas Nagar, Distt.- Mohali (Punjab). 4.

Pujari Pandey @ Pujari Rai S/O Saral Pandey R/O House No. 55, Siahi Maijra, Sas Nagar, Distt.- Mohali (Punjab).

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-02-2025 Heard Mr. Ranjeet Kumar Pandey, the learned counsel for the petitioners and Mr. Narsingh Tanti, the learned Additional Public Prosecutor for the State.

2.

The petitioners are apprehending their arrest in connection with Gopalganj Mahila PS Case No. 26 of 2024, FIR dated 30.06.2024, registered for the offences punishable under Sections 341, 323, 498A, 406, 504 and 506 read with Section 34 of the Indian Penal Code and under Sections 3 and 4 of D.P. Act. 3.

According to the prosecution case, the informant was subjected to torture and abuse by her in-laws over non-

2/4 fulfillment of dowry demand and later she was also ousted from her matrimonial house.

4.

Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case merely on the ground that petitioners are in-laws of the informant. He further submits that upon perusal of the FIR, it appears that there is no specific allegation of any assault or overt act or demand of dowry attributed against the petitioners, rather there is general and omnibus allegation against all the co-accused persons including the petitioners. He lastly submits that petitioner no. 1 is the mother-in-law, petitioner no. 2 is distant relative of petitioner no. 1, petitioner no. 3 is unmarried sister-in-law and petitioner no. 4 is brother-in-law of the informant.

5.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioners.

6.

Considering the aforesaid facts and circumstances and mainly the facts that petitioners have clean antecedent and there is no specific allegation against them, let the petitioners, above-named, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks from the date

3/4 of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gopalganj, where the case is pending in connection with Gopalganj Mahila PS Case No. 26 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the BNSS, 2023 and also the following conditions: (i). Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the learned trial Court and shall remain physically present as directed by the learned trial Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the learned trial Court.

(ii). If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iii). And further condition that the learned trial Court shall verify the criminal antecedent of the petitioners and in case, at any stage, it is found that the petitioners have concealed their criminal antecedent, the learned trial Court shall take step for cancellation of bail bond of the petitioners.

4/4 However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Shahnawaz/- U T