Seema Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16284 of 2019 Arising Out of PS. Case No.-142 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== SEEMA DEVI Wife of Late Umesh Chandra Das Resident of VillageChiraiyatand Khas Mahal Road no. 3, Harijan Tola, P.S.- Jakkanpur, DistrictPatna. ... ... Petitioner/s
Versus
1. The State Of Bihar 2.. Guddiya Devi, D/O- Sri Vindanand Prasad, R/o- village Dharmagatpur, P.O.- Mahuyar, P.S.- Sahpur, ,District- Bhojpur (Ara). ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Ishwar Prasad, Advocate For the Opposite Party/s :
Mr.Harendra Prasad, APP For O.P. No. 2 :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and learned APP for the State.
Vide order dated 15.03.2019 passed by a Coordinate Bench of this Court, notice was issued to O.P. No. 2 and the petitioner was released on provisional anticipatory bail. From perusal of Office notes dated 28.09.2021, it appears that notice has been received by O.P. No. 2 personally. However, when the matter is being taken up today, none appears on behalf of O.P. No. 2 Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.
Patna High Court CR. MISC. No.16284 of 2019(5) dt.28-04-2022 2/3 In the light of order dated 15.03.2019, Office is directed to add name and address of O.P. No. 2 in the cause title of the present anticipatory bail application. The petitioner is apprehending his arrest in Mahila Ara Bhojpur P.S. Case No. 142 of 2018 registered under Sections 498A, 379, 420, 120(b), 506, 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act pending in the Court of learned S.D.J.M., Ara, Bhojpur.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.
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 is cousin mother-in-law of the victim. She has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. 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, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Patna High Court CR. MISC. No.16284 of 2019(5) dt.28-04-2022 3/3 Considering the aforesaid facts and circumstances, the provisional bail granted to the petitioner vide order dated 15.03.2019 is hereby confirmed.
(Sudhir Singh, J) Pankaj/- U T