Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 27511 of 2020 Arising Out of PS. Case No.-260 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== 1.

SUNITA DEVI Wife of Ajay Kumar Resident of Village - Gaurakshani, Gajradh, Gali No. 1, Ward No.- 4, P.S.- Sasaram, District - Rohtas at Sasaram.

2.

Ajay Kumar Son of Munshi Sah Resident of Village - Gaurakshani, Gajradh, Gali No. 1, Ward No.- 4, P.S.- Sasaram, District - Rohtas at Sasaram. ... ... Petitioners

Versus

1.

The State of Bihar 2.

Komal Wife of Rituraj Daughter of Vikash Chandra Prasad, Resident of Village - Gaurakshani, Gajradh, Gali No. 1, Ward No.- 4, P.S.- Sasaram, District - Rohtas at Sasaram. At present resident of Mohalla - Shastri Nagar, Sandalpur Road, P.S.- Kasim Bazar, District - Munger. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikramdeo Singh, Advocate For the State :

Mr. Md. Fahimuddin, APP For the Informant :

Mr. Prashant Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-01-2021 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners in the present case are seeking pre-arrest bail in connection with Kasim Bazar P.S. Case No. 260 of 2019 registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Mr. Vikramdeo Singh, learned counsel for the petitioners submits that he has got instruction from these petitioners as well as the husband of the opposite party no. 2 to say that they are ready and willing to accept the petitioner no. 2 and she will be enjoying her status as daughter-in-law of the family

Patna High Court CR. MISC. No. 27511 of 2020(3) dt.12-01-2021 2/3 with full dignity and care. Mr. Singh has further submitted that though the husband has filed a divorce petition but he is willing to give up the same in order to amicably resolve the issues. Mr. Prashant Sinha, learned counsel for the opposite party no. 2 though initially opposed this application but in view of the statements made by Mr. Singh learned counsel for the petitioners, Mr. Sinha submits that because opposite party no.2 is also willing to amicably resolve the issues and live as a daughterin-law in the family, she would not oppose the prayer for grant of anticipatory bail to the petitioners. Mr. Sinha has however submitted that what has been stated at the Bar on behalf of the petitioners and the husband of O.P. No. 2 must be given effect to at the earliest and for that the O.P. No.2 is ready to cooperate from her end.

Having regard to the facts and circumstances of the case, in the nature of the stand taken by the parties, let the petitioners above-named in the event of their arrest or surrender within a period of four weeks from today in connection with Kasim Bazar P.S. Case No. 260 of 2020 be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

Patna High Court CR. MISC. No. 27511 of 2020(3) dt.12-01-2021 3/3 (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. The statements on behalf of the petitioners towards accepting O.P. No.2 as a daughter-in-law in the family must be carried out with all sanctity and sincerity and for this purpose the learned court below would also take all such steps including their counseling etc.

The application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.