Kaushalya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13121 of 2022 Arising Out of PS. Case No.-308 Year-2021 Thana- BARH District- Patna ====================================================== 1.

Kaushalya Devi, Wife Of Late Janak Das R/O Village- Sartha, P.S.- Bena, District- Nalanda 2.

Dharmendra Das @ Dharmendra Kumar, Son Of Late Janak Das R/O Village- Sartha, P.S.- Bena, District- Nalanda 3.

Jitendra Kumar, Son Of Late Janak Das R/O Village- Sartha, P.S.- Bena, District- Nalanda 4.

Savita Devi, Wife Of Dharmendra Das @ Dharmendra Kumar R/O VillageSartha, P.S.- Bena, District- Nalanda ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Arti Devi D/O- Ashok Das R/O - Dalisamanchak, P.S.- Barh, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 498(A), 494 of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that she married to Manoranjan Kumar in the Year 2015 and after marriage, the accused persons including the

Patna High Court CR. MISC. No.13121 of 2022(4) dt.15-09-2022 2/2 petitioners used to abuse, assault and demanded Rs.1,00,000/- by way of dowry or else the husband would be remarried. The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. It is next submitted that the allegation of demand is general and omnibus in nature and the husband is in custody and the present case has been instituted after seven years of marriage. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Barh P. S. Case No.308 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T