Tetari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17060 of 2022 Arising Out of PS. Case No.-1056 Year-2020 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.
TETARI DEVI W/o Chhatu Chaudhary Resident of Village - Pakarbhinda Nauka Tola, Hirotiya Chowk, P.s.- Bagaha, Distt.- West Champaran. 2.
Aslam Mian Son of Late Shaheed Mian Resident of Village - Pakarbhinda Nauka Tola, Hirotiya Chowk, P.s.- Bagaha, Distt.- West Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Doli Devi W/o Santosh Chaudhary, D/o Rama Chaudhary Resident of Village - Hariwatika Chowk Basant Bihar Road, P.S.- Bettiah, Muffasil, Distt.- West Chamaparan.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Mishra, Adv For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2022 Heard the parties.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 498A of the Indian Penal Code.
Allegedly, the petitioners alongwith others demanded dowry from the informant. The accused persons committed
Patna High Court CR. MISC. No.17060 of 2022(2) dt.17-08-2022 2/3 cruelty towards the informant and ouster her from her matrimonial house having child in her lap.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioner no.1 is the mother-in-law of the O.P. no.2 and petitioner no.2 is the covillager. They have never demanded for dowry nor any cruelty has been ever committed with the O.P. no.2. The O.P. no.2 has not been ousted from her matrimonial home rather she herself left her matrimonial home on a petty family dispute. Petitioners have one criminal antecedent, as also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since there is general and omnibus allegation 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
Patna High Court CR. MISC. No.17060 of 2022(2) dt.17-08-2022 3/3 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 court below where the case is pending/Successor Court in Complaint Case No.1056C of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T