Vandana Kumari @ Vandana Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30132 of 2023 Arising Out of PS. Case No.-336 Year-2022 Thana- DALSINGHSARAI District- Samastipur ====================================================== Vandana Kumari @ Vandana Devi, Wife Of Tej Narayan Mahto Daughter Of Bindeshwar Mahto, R/O-Ward No. 01, Bambaiya Harlal, P.S.-dalsingsarai, Distt.-samastipur. At Present Residing At 47 South Tangra Road, Kolkata, West Bengal, Pin-700046 ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Amit Kumar For the Opposite Party/s :

Mr.Upendra Kumar Mr. Ranjeet Kumar Mr. Aditya Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2023

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 363/ 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act and Section 302 of the I.P.C. was not added.

3. The learned counsel for the petitioner submits that the petitioner is person with clean antecedent and is a woman and the informant alleges that her daughter was married to Amit Kumar son of Bindeshwar Mahto. After marriage, accused persons including the petitioner was demanding an Alto Car and

Patna High Court CR. MISC. No.30132 of 2023(2) dt.26-07-2023 2/3 on account of non-fulfilment of the demand, it is alleged that his daughter was killed and to conceal the evidence, the body was disappeared.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation against the petitioner is general and omnibus in nature. It is further submitted that petitioner is married sister-in-law (Nanad) of the victim. It is next submitted that whenever any such occurrence of the nature, as alleged, in the F.I.R. is committed, the entire family members are implicated in a mechanical manner.

5. Learned A.P.P. along with learned counsel for the informant opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate1, Dalsingsarai, Samastipur in connection with Dalsing Sarai P.

Patna High Court CR. MISC. No.30132 of 2023(2) dt.26-07-2023 3/3 S. Case No.336 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T