Saraswati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8973 of 2023 Arising Out of PS. Case No.-215 Year-2022 Thana- BAHERI District- Darbhanga ====================================================== SARASWATI DEVI S/O DINESH SHARMA R/v- Dhobepura Hathauri, P.S.- Hayaghat, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-05-2023 Heard the parties.

The petitioner is apprehending arrest in connection with Baheri P.S. Case No. 215 of 2022 under sections 420, 406, 120(B), 379 and 34 of the Indian Penal Code and section 3/4 of Dowry Prohibition Act lodged on 06.07.2022 by the informant Phool Devi.

The prosecution story, in brief, is that on 06.07.02022, one Phool Devi on the proposal of Saraswati Devi who was a Mediator, solemnized marriage of her daughter with Siyaram Sharma. Further, from the wedlock, one female child was born. Further allegation is that the accuseds repeatedly took money on different heads but continued torturing the daughter. It was later known to the informant and when one early morning informant along with villagers went to the house of Siyaram Sharma at Khagaria, his brother abused them. She has alleged that Siyaram Sharma has already five wives. Accordingly, the F.I.R.

Patna High Court CR. MISC. No.8973 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioner submits that her only fault is that she negotiated the matter of marriage between the accused and the informant's daughter and in no way related to the accused side. Demand and fulfilments allegation relates to groom side and she has nothing to do with it. Learned APP opposes the prayer for bail.

Considering the aforesaid fact that she is a lady, do not have any criminal antecedent and the allegation against her is of being a Mediator, this Court is inclined to extend her the privilege of anticipatory bail.

Let the petitioner be released on bail in the event of her arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Darbhanga, in connection with Baheri P.S. Case No. 215 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/Kiran U T