Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18722 of 2024 Arising Out of PS. Case No.-1235 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Manju Devi W/O- Surendra Rai R/O- Karori Chak, P.S.- Phulwari Sharif, Dist.- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar, Patna 2.

Rupam Kumari W/O- Anil Rai R/O- Karori Chak, P.S.- Phulwari Sharif, Dist.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diksha Kumari, Adv.

For the informant : Mr. Rabindra Kumar Tiwari, Adv. For the Opposite Party/s :

Mr.Binod Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in a case in connection with Phulwari Sharif P.S. Case No. 1235 of 2022 dated 10.10.2022 registered for the offences punishable u/ss 341, 323, 326, 307, 498(A) read with section 34 of the Indian Penal Code and u/s 3/4 of the Dowry Prohibition Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of Rs. 50,000/- and a piece of land as dowry. It is further alleged that

Patna High Court CR. MISC. No.18722 of 2024(2) dt.04-04-2024 2/3 the informant's husband and his mother-in-law assaulted the informant with iron rod due to which she sustained head injury.

4. Learned counsel for the petitioner has submitted that the petitioner is a lady and has falsely been implicated in this case. The petitioner neither demanded any dowry nor tortured the informant. There is general and omnibus allegation against the petitioner. The petitioner is the mother-in-law of the informant and she has no concern with the alleged offence. As per the injury report, no dimension of the injury has been mentioned in the injury report. No burn injury was sustained by the informant. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna in connection with Phulwari

Patna High Court CR. MISC. No.18722 of 2024(2) dt.04-04-2024 3/3 Sharif P.S. Case No. 1235 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T