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Patna High CourtCR. MISC./23864/2020bail granted

Sonu Devi @ Sonia Devi @ Soni Devi v. The State Of Bihar

2020-10-06Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23864 of 2020 Arising Out of PS. Case No.-242 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

SONU DEVI @ SONIA DEVI @ SONI DEVI Wife of Bikesh Yadav Resident of Village- Dumri, P.S.- Khodawandpur (Chaurahi O.P.), DistrictBegusarai. 2.

Kiran Kumari Daughter of Dilip Yadav Resident of Village- Dumri, P.S.- Khodawandpur (Chaurahi O.P.), District- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-10-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioners and Md. Fahimuddin, the learned APP for the State. This is an application for grant of anticipatory bail in connection with Khodawandpur P.S. Case No. 242 of 2019 registered for the offence punishable under Sections 341, 323, 307, 504, 498(A), 34 of the Indian Penal Code and Sections

Patna High Court CR. MISC. No.23864 of 2020(2) dt.06-10-2020 2/3 3 / 4 of the Dowry Prohibition Act.

The accused persons including the petitioners herein are alleged to have tortured and assaulted the informant on account of non-fulfillment of the demand for dowry.

The learned counsel for the petitioners has submitted that the petitioner no. 1 is the sister-inlaw (gotni) of the informant while the petitioner no. 2 is unmarried sister-in-law (nanad) of the informant. It is further submitted that the petitioners herein have been falsely implicated in the present case, they are having a clean antecedent and they are living separately from the informant and her husband, as such, they do not have any complicity in the alleged occurrence. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the fact that the petitioners are sisterin-law of the informant and they are stated to be

Patna High Court CR. MISC. No.23864 of 2020(2) dt.06-10-2020 3/3 staying separately from the informant and her husband, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail. Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Manjhaul, Begusarai in connection with Khodawandpur P.S.Case No. 242 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T