Shalini Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22177 of 2021 Arising Out of PS. Case No.-21 Year-2020 Thana- PANDARAK District- Patna ====================================================== 1.

SHALINI JAISWAL Wife of Om Prakash Jaiswal, Resident of VillageYarpur Khagaul Road, Dr Arun Kumar Keshri, Opposite Durga Mandir Yarpur, Phulwari, P.S.- Gardanibagh, District- Patna. 2.

Om Prakash Jaiswal Son of Late Banarsi Lal Jaiswal, Resident of VillageYarpur Khagaul Road, Dr. Arun Kumar Keshri, Opposite Durga Mandir, Yarpur, Phulwari, P.S.- Gardanibagh, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Varsha Kumari D/o Dinesh Kumar, Resident of Village- Mamrala Barh, P.O. and P.S.- Pandarakh, District- Patna.

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

For the Petitioner/s :

Shama Sinha For the Opposite Party/s :

Mr. Ajit Kumar Priyanka Singh Mr. Ravi Shankar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-10-2021 Heard the parties via video conferencing.

In this case, the petitioners apprehend their arrest in connection with G.R. No. 242 of 2020, arising out of Pandarakh P.S. Case No. 21 of 2020 registered for offence punishable under sections 341, 323, 504, 506, 354A and 498(A) of the Indian Penal Code.

As per allegation, marriage of the informant Varsha Kumari was solemnized on 13.12.2015 with the son of the petitioners and the sufficient cash and customary were given on

Patna High Court CR. MISC. No.22177 of 2021(4) dt.22-10-2021 2/3 the occasion of the marriage, but thereafter, the husband and the petitioners tortured the informant for non-fulfillment of dowry demand. In spite of demand of dowry, it has also been alleged in the FIR that the petitioner no. 1 attempted for physical relationship with the informant.

Learned counsel for the petitioners has submitted that the husband of the informant has been arrested and is under custody. The petitioners' counsel has further submitted that the petitioners are old aged father-in-law and mother-in-law of the victim lady and they are not supposed to spoil the matrimonial life of their son. They are senior citizens and they are always ready to accept the informant as daughter-in-law and grant her due dignity and honour. So far attempt of physical relationship with the informant is concerned, the petitioners' counsel has submitted that it has been levelled only for making offence graver.

Learned Additional Public Prosecutor has opposed the prayer for bail.

Considering the facts that the petitioners are old aged father-in-law and mother-in-law of the victim lady, they, in the event of their arrest or surrender, within six weeks from today, are directed to be released on bail on furnishing bail bonds of

Patna High Court CR. MISC. No.22177 of 2021(4) dt.22-10-2021 3/3 Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateI, Barh in connection with G.R. No.242 of 2020, arising out of Pandarakh P.S. Case No. 21 of 2020, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey , J) Mahesh/- U T