Subhawati Devi @ Subhawati Kuar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31609 of 2023 Arising Out of PS. Case No.-587 Year-2021 Thana- MADHAURAH District- Saran ====================================================== SUBHAWATI DEVI @ SUBHAWATI KUAR Wife of Late Ashok Sharma Resident of Village- Bindusar Bujurg, Police Station- Siwan Muffasil (Mahadeva O.P.), District- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Annu Kumar w/o Bittu Sharma @ Sangam Sharma @ Sugam Kumar Resident of Village- Bahuara Patti, P.O. Nagra, P.S.- Marhowrah, DistrictChapra at Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 341, 323, 313 & 354B/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

3. The petitioner in association of other coaccused is said to have assaulted and tortured the informant by various means on non-fulfillment of demand of dowry.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She has been falsely implicated in this case as she is the

Patna High Court CR. MISC. No.31609 of 2023(2) dt.20-07-2023 2/2 mother-in-law of the informant. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the specific allegation under Section 354B IPC has been levelled against the Devar of the informant. Petitioner is a widow lady of more than 54 years and has no criminal antecedent as mentioned in para-3 of this application.

5. Having regard to the facts and circumstances of the case as also the fact that no specific overt act has been attributed against the petitioner, let the above named petitioner, be released on bail, in the event of her 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Marhowrah P.S. Case No.587 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T