Shanichari Devi @ Sumitra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19051 of 2022 Arising Out of PS. Case No.-1208 Year-2020 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== SHANICHARI DEVI @ SUMITRA DEVI W/o Late Rajdhari Pandit R/o village- Sareyan, P.S.- Hussainganj, District- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Asha Devi W/o Chhote Lal Pandit R/o village - Sareyan, P.S. - Hussainganj, District - Siwan, HAL MOKAM D/o - Rampravesh Pandit, R/o - Falgani Tola Loharpatti, P.S.- Thawe, District- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akshay Lal Pandit, Advocate For the Complainant :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner, the complainant and learned A.P.P. for the State. The petitioner apprehends her arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code whereby the learned Magistrate has taken cognizance under Section 498(A) of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a lady, aged about 67 years, and is the mother-inlaw of the complainant. The complainant alleges that her marriage was solemnized with Chhote Lal Pandit on 19.06.2019 and after marriage the complainant was subjected to cruelty for non-

Patna High Court CR. MISC. No.19051 of 2022(2) dt.24-06-2022 2/3 fulfillment of the dowry demand and the accused persons had taken her signature on plain paper and ousted her from the matrimonial home.

Learned counsel for the petitioner further submits that petitioner has been falsely implicated in the present case merely she is the mother-in-law of the complainant. It is next submitted that husband of the complainant is availing his remedy available in law.

Learned counsel for the complainant opposes the prayer for anticipatory bail of the petitioner and submits that it was the petitioner and her family member who were torturing the complainant for dowry. It is next submitted that there is specific allegation against the petitioner and other accused persons at para 6 and 7 of the complaint petition. Learned counsel for the petitioner rebuts the submission and submits that the allegation is general and omnibus in nature.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees

Patna High Court CR. MISC. No.19051 of 2022(2) dt.24-06-2022 3/3 Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case (Gopalganj) No. 1208 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T