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Patna High CourtCR. MISC./22047/2024allowed

Punam Kumari v. The State Of Bihar

2024-04-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22047 of 2024 Arising Out of PS. Case No.-88 Year-2023 Thana- MAHILA PS District- Darbhanga ====================================================== 1.

Punam Kumari Daughter Of Arujun Mahto Resident Of Village- Purani Bazar, Manigachhi, Ps- Manigachhi, Dist- Darbhanga 2.

Nita Devi Wife Of Late Raj Kumar Mahto @ Ram Kumar Mahto Resident Of Village- Hatadih, Rupauli, Ps- Bhairvasthan, Distt- Madhubani 3.

Santosh Kumar Mahto @ Santosh Mahto Son Of Late Ramchandra Mahto @ Ram Sringar Mahto @ Late Ramsundar Mahto Resident Of VillageHatadih, Rupauli, Ps- Bhairvasthan, Distt- Madhubani ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Khushboo Kumari Wife Of Rakesh Kumar Mahto Resident Of VillageMohbara, Ps- Biraul, Distt- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Bharti For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 498(A), 494, 323, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted and tortured the informant due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.22047 of 2024(2) dt.04-04-2024 2/2 case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioners are in-laws of the informant. He further submits that there is no specific overt act against the petitioners. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within 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 lower Court where the case is pending/successor Court in connection with Darbhanga Mahila P.S. Case No.88 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T