Kalawati Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31797 of 2021 Arising Out of PS. Case No.-46 Year-2020 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== Kalawati Kunwar, Female, aged about 70 years, W/O Late Shobhanath @ Late Shobhi Ram @ Late Shobhanath Ram, R/O Village-Shakari, P.S.- Kudara, District-Kaimur.

... ... Petitioner

Versus

1.

The State Of Bihar.

2.

Pratibha Kumari, Female, aged about 29 years, W/O Bijendra Kumar, D/O Late Bangali Ram, at present residing at Bhabhua Ward No.13, Bhabua. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Giridhar Gopal Tiwary, Advocate.

For the State :

Mr. Shailendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

The petitioner is apprehending her arrest in a case for the offence registered under Sections 341, 323, 379, 498(A)/34 of the I.P.C. and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.31797 of 2021(2) dt.19-07-2021 2/3 petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the mother-in-law of the victim. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of the learned C.J.M., Kaimur at Bhabhua, in connection with Bhabhua Mahila P.S. Case No. 46 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only with two sureties of the like amount each within a period of

Patna High Court CR. MISC. No.31797 of 2021(2) dt.19-07-2021 3/3 eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T