Sindhu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19773 of 2020 Arising Out of PS. Case No.-26 Year-2019 Thana- MAHILA P.S. District- Banka ====================================================== 1.
SINDHU DEVI Wife of Rajeev Choudhary @ Shambhu Choudhary Resident of Village- Maheshlitti, P.S.- Pathargama, District- Godda (Jharkhand).
2.
Shambhu Chaudhary @ Rajeev Choudhary Son of Umakant Choudhary Resident of Village- Maheshlitti, P.S.- Pathargama, District- Godda (Jharkhand).
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha For the Opposite Party/s :
Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-09-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Banka (Mahila) P.S. Case No. 26 of 2019, disclosing offences under Sections 498(A)/34, of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act The petitioner no. 1 is the married sister of the husband of the informant whereas petitioner no. 2 is husband of the petitioner no. 1. It has been submitted that it is purely out of matrimonial discord between husband and wife that has led to registration of F.I.R. and these petitioners have been implicated only because they are closely related to the husband of the
Patna High Court CR. MISC. No.19773 of 2020(2) dt.10-09-2020 2/3 informant. It has been argued that there is no specific allegation against these petitioners of making demand of dowry. Considering the aforesaid submission and materials on record, a case for grant of anticipatory bail is made out. This application is allowed.
Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Banka in connection with Banka (Mahila) P.S. Case No. 26 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
It is directed that defects in the application pointed out by the Registry must be removed within two months from today.
Patna High Court CR. MISC. No.19773 of 2020(2) dt.10-09-2020 3/3 Since there is a lockdown, the Court has considered it appropriate to adopt following procedure for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.
(Chakradhari Sharan Singh, J) AKASH/- U T