Mira Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14905 of 2023 Arising Out of PS. Case No.-19 Year-2021 Thana- MAHILA P.S. District- Bhojpur ====================================================== Mira Devi, W/O Prem Narayan Singh R/o Mohalla- Near Veer Kunwar Singh ka Hata, Beside Post Office, Jagdishpur, P.S.- Jagdishpur, District- Bhojpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner in the present case is seeking pre-arrest bail in connection with Mahila P.S. Case No. 19 of 2021 registered for the offences punishable under Sections 406, 420, 506, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. She has got no criminal antecedent. As per the prosecution story, the informant's elder sister was married to the elder son of the petitioner, hence, the informant used to regularly visit the house of the petitioner. The relationship developed between the informant and the younger son of the petitioner namely, Mani @Raushan Kumar Singh. The said accused took photograph of the informant on the promise of marriage and for this promise, the informant's parents gave Rs.5,00,000/- to the petitioner but later on
Patna High Court CR. MISC. No.14905 of 2023(2) dt.19-05-2023 2/3 petitioner demanded Rs. 15,00,000/- and a four wheeler, but due to non-fulfillment of this demand, the petitioner threatened the informant's parents to defame her daughter.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that this petitioner is the wife of co-accused Prem Narayan Singh who has already been granted privilege of anticipatory bail by this Court in Cr. Misc. No. 71981 of 2022 and the case of this petitioner stands on similar footing with him.
Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner Having regard to the facts and circumstances of the case wherein it is submitted that this petitioner is the wife of coaccused Prem Narayan Singh and mother-in-law of the elder sister of the informant, the said Prem Narayan Singh has been granted anticipatory bail by this Court in Cr. Misc. No. 71981 of 2022 and the case of the petitioner stands on similar footing with him, in such circumstance, this Court directs that in case of her arrest or surrender within a period of four weeks from today, the petitioner be released on bail in connection with Mahila P.S. Case No. 19 of 2021 on furnishing bail bond of Rs. 25,000/-
Patna High Court CR. MISC. No.14905 of 2023(2) dt.19-05-2023 3/3 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhojpur at Ara, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T