Annapurna Devi @ Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31108 of 2023 Arising Out of PS. Case No.-120 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

Annapurna Devi @ Sushila Devi w/o Dilip Yadav Resident of VillageChhatapur, P.O. Kukurdoura, P.S. Andhramath, District- Madhubani 2.

Dilip Yadav s/o Yashodhar Yadav Resident of Village- Chhatapur, P.O. Kukurdoura, P.S. Andhramath, District- Madhubani ... ... Petitioners.

Versus

1.

The State of Bihar.

2.

Rekha Kumari Narayan Yadav Resident of Village- Jhahuri, P.S. Laukahi, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Yadav For the Opposite Party/s :

Mr. Md. Nazir Ansari Mr. Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 498A, 323 & 307/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act but cognizance has been under Sections 494 & 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. Petitioners are in-laws of the opposite party no.2 The allegation against the petitioners is that the opposite party no.2 was subjected to demand of dowry and on account of nonfulfillment of the same, she was tortured in various ways

Patna High Court CR. MISC. No.31108 of 2023(3) dt.09-10-2023 2/3 resulting into lodging of the present complaint petition.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are in-laws of the complainant and they have no concern with the day to day affairs of the informant of her husband. It is further submitted that the husband of the complainant/opposite party no.2 has already been enlarged on anticipatory bail by a coordinate Bench of this Court vide order dated 07.07.2023 passed in Cr. Misc. No.33935 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State assisted by learned counsel for the opposite party no.2 opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.31108 of 2023(3) dt.09-10-2023 3/3 connection with Complaint Case No.120 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T