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Patna High CourtCR. MISC./7420/2024allowed

Lata Devi v. The State Of Bihar

2024-02-19Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7420 of 2024 Arising Out of PS. Case No.-1 Year-2020 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Lata Devi W/O Late Laxmi Narayan R/O Mohalla- Khadi Bhandar, Patel Nagar (SHASTRI Nagar) Near Chitragupta Mandir, P.O- Ramna, P.SMithanpura, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Neha Kumari D/O Ashok Kumar R/O Rajak Mohalla- Upper Kelwin Road, Rekabganj, P.S- Tatarpur, Distt.- Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Ataul Haque, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehend her arrest in connection with Bhagalpur Mahila P.S. Case No. 01 of 2020 instituted under Sections 323, 341, 498A and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. As per the prosecution case, the marriage of the

Patna High Court CR. MISC. No.7420 of 2024(2) dt.19-02-2024 2/3 informant was solemnized with one Aditya Kumar @ Dipu on 19.11.2017. It is further alleged that the petitioner and other accused persons started torturing the informant for illegal demand of dowry of Rs. 2,00,000/- and due to non-fulfillment of the dowry, they ousted the informant from her matrimonial home.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is the mother-in-law of the informant who is old lady aged about 66 years. He also submits that there is general and omnibus allegation against the petitioner and the petitioner has no concern with the affairs of the informant and her husband. He further submits that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned

Patna High Court CR. MISC. No.7420 of 2024(2) dt.19-02-2024 3/3 S.D.J.M., Bhagalpur in connection with Bhagalpur Mahila P.S. Case No. 01 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/- U T