Sita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12356 of 2022 Arising Out of PS. Case No.-225 Year-2021 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.
SITA DEVI W/o Late Ashok Kumar Sinha Resident of Village- Basgitiya, P.S.- Bkramganj, District- Rohtas at present Holding no G.25, Road No.2, Bijai Nagar Hanuman Nagar, Kankarbag, B.H. Colony, Patna. 2.
Shikha D/o Late Ashok Kumar Sinha Resident of Village- Basgitiya, P.S.- Bkramganj, District- Rohtas at present Holding no G.25, Road No.2, Bijai Nagar Hanuman Nagar, Kankarbag, B.H. Colony, Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr.Adv Mr. Shambhu Sharan Singh, Adv For the Opposite Party/s :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2022 Heard learned Senior Counsel Mr. Krishna Pd. Singh and learned APP for the State.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 406 and 420 of the IPC and 3⁄4 of Dowry Prohibition Act.
Allegedly, the petitioners and other accused persons denied for the marriage of accused namely Amit Kumar and the
Patna High Court CR. MISC. No.12356 of 2022(2) dt.04-08-2022 2/3 daughter of the informant namely Vinita Jyoti by demanding Rs. Twenty Lacs as dowry from the informant. It is further alleged that they denied to return the entire amount with the articles gifted at the time of engagement ceremony and thereafter accused Amit Kumar switched off his mobile and locked his residential house.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner no.1 is the mother of the of the accused and petitioner no.2 is the unmarried sister of the accused. There is no specific overt act against the petitioners. No independent witnesses have come to support the case. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within
Patna High Court CR. MISC. No.12356 of 2022(2) dt.04-08-2022 3/3 a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Dehri Town P.S. Case No.225 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T