Kamlawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18113 of 2021 Arising Out of PS. Case No.-263 Year-2020 Thana- MANSI District- Khagaria ====================================================== KAMLAWATI DEVI W/O Umesh Verma Resident of Village- Vasarh Garh, Om Prakash Nagar, P.O- Hatia, P.S- Dhurwa (Tupudana), Dist- Ranchi Jharkhand ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

KUMARI DEEPSHIKHA W/O Arun Kumar, D/O Manoj Kumar Singh Resident of Monsi Khutiya, P.S- Mansi, Dist- Khagariya, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Binoy Kumar Sinha, Advocate For the State :

Mr.APP For the O.P. NO.2 :

Mr. Anil Kumar Chaudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2 through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending her arrest in a case registered under Sections 341, 323, 504, 506, 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

Patna High Court CR. MISC. No.18113 of 2021(2) dt.01-07-2021 2/3 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. The petitiner is the mother-in-law of the victim. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. case No.263 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.18113 of 2021(2) dt.01-07-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T