Patna High CourtCR. MISC./16083/2024bail granted

Juli Kumari @ Juli Devi v. The State Of Bihar

2024-03-19Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16083 of 2024 Arising Out of PS. Case No.-243 Year-2023 Thana- GOGRI District- Khagaria ====================================================== Juli Kumari @ Juli Devi Wife Of Lalan Kumar @ Bilakshan Kumar Resident Of Village - Baltara, P.S. - Gogari, District - Khagaria ... ... Petitioner/s

Versus

The State Of Bihar 2.

Simpi Kumari Wife Of Lalan Kumar @ Bilakshan Kumar Resident Of Village - Thalatara, P.S. - Gogari (PAURI), District - Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Gogari(Paura) P.S. Case No. 243/2023 dated 14.07.2023 registered for the offences punishable u/ss 341, 323, 498A read with 34 of the Indian Penal Code and section 3 and 4 of the D.P Act.

3. As per the prosecution case, the co-accused person is alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of Rs. 5 as dowry. Further, on 06.06.2023 the co-accused person

Patna High Court CR. MISC. No.16083 of 2024(2) dt.19-03-2024 2/3 married the petitioner, then the petitioner and the coaccused person assaulted the informant and the co-accused person gave the informant's jewelleries to the petitioner and ousted the informant from her matrimonial home.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioner. The petitioner neither demanded any dowry nor tortured the informant. The petitioner is made accused in this case only because she is the second wife of the co-accused, Lalan Kumar.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.16083 of 2024(2) dt.19-03-2024 3/3 satisfaction of the learned court concerned, Khagaria in connection with Gogari(Paura) P.S. Case No. 243/2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T