← Library
Patna High CourtCR. MISC./28091/2024bail granted

Dhankalia Devi v. The State Of Bihar

2024-05-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28091 of 2024 Arising Out of PS. Case No.-410 Year-2023 Thana- OBRA District- Aurangabad ====================================================== 1.

Dhankalia Devi W/o Birju Yadav R/o Bharub, P.s. - Obra, Distt. - Aurangabad 2.

Geeta Devi W/o Amit Yadav @ Brahmdeo Yadav R/O Village Ram Nagar Ps Khudwan District Aurangabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Singh, Advocate For the State :

Mr. Bhanu Pratap Singh, A.P.P.

For the Informant :

Ms. Leelawati Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioners, informant and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

3. As per the prosecution case, marriage of sister of the informant was solemnized with one Pappu Yadav in the year 2011. Thereafter, sister of the informant was subjected to torture and harassment by the F.I.R. named accused persons due to nonfulfillment of demand of dowry. It is further alleged that on 24.09.2023, all the accused persons including these petitioners brutally assaulted her as a result of which she succumbed on the way to the hospital.

4. Petitioner No. 1 is mother-in-law and petitioner No. 2 is sister-in-law of the deceased.

Patna High Court CR. MISC. No.28091 of 2024(2) dt.14-05-2024 2/2

5. It is submitted that there is general and omnibus allegation against these petitioners. Petitioners are separate in mess and property and are not concerned with the family affairs of the deceased. Moreover, thrust of accusation is against husband of the deceased who was arrested and has already been released on bail. Petitioners are ladies and have got clean antecedent.

6. Learned counsel for the informant vehemently opposed the bail application.

7. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Obra P. S. Case No. 410 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T