Shipra Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18940 of 2024 Arising Out of PS. Case No.-280 Year-2023 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== 1.
Shipra Kumari D/o Late Janardan Prasad R/o Vill./ Mohalla - Hajam Tola, Banu Chhapar, Ward No. 1, P.S. - Betia Town, Dist. - West Champaran 2.
Priti Kumari D/o Late Janardan Prasad R/o Vill./ Mohalla - Hajam Tola, Banu Chhapar, Ward No. 1, P.S. - Betia Town, Dist. - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Harendra Nath Ojha, Adv.
For the Opposite Party/s :
Mr.Nagendra Prasad, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-04-2024 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 420, 406, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.
3. The prosecution story, in brief, is that the marriage of the informant's daughter was fixed with one Bhaskar Kumar and after fixing the marriage, the informant gifted Rs. 4 lacs and one golden ring to co-accused Bhaskar Kumar. It is further alleged that on 29.05.2022, as per the fixed program, a ring ceremony was solemnized at Shahanshah Hotel & Family
Patna High Court CR. MISC. No.18940 of 2024(2) dt.02-04-2024 2/3 Restaurant, Muzaffarpur in presence of the relative of both the parties. Thereafter on 02.07.2023, Bhaskar Kumar along with his three sisters and one Ranjan Kumar came at the residence of the informant. The informant's party welcomed them and requested for fixing the marriage date. On the proposal for fixing the marriage date, co-accused Bhaskar Kumar and his three sisters started demanding four wheeler vehicle and when the informant showed her inability to give vehicle, they went away and said that without four wheeler vehicle, the marriage will not be solemnized.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and they have committed no offence. No such occurrence as alleged ever took place. They have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They have no role in the alleged occurrence. They have been made accused in the present case merely because they are unmarried sisters of coaccused Bhaskar Kumar. The present case has been filed merely with an intention to create pressure for solemnizing marriage of her daughter with one Bhaskar Kumar. Petitioners have no criminal antecedent as mentioned in para-3 of this
Patna High Court CR. MISC. No.18940 of 2024(2) dt.02-04-2024 3/3 application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as from perusal of the FIR, it is evident that both the petitioners are unmarried sisters of co-accused Bhaskar Kumar and there is no specific overt act against them, 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 Madhubani Town P.S. Case No. 280 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T