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Patna High CourtCR. MISC./33831/2024bail granted

Shiv Kumari Devi v. The State Of Bihar

2024-07-12Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33831 of 2024 Arising Out of PS. Case No.-63 Year-2021 Thana- MAHILA P.S. District- Rohtas ====================================================== 1.

SHIV KUMARI DEVI WIFE OF SHRI NIWAS SINGH R/O VILLAGECHAUKHANDA CHITAULI, P.S. - MUFASSIL(SASARAM) , DISTT ROHTAS AT SASARAM 2.

SHUSHMA DEVI D/O SHRI NIWAS SINGH R/O Village- Chaukhanda Chitauli, P.S. - MUFASSIL(Sasaram) , Distt Rohtas AT SASARAM 3.

SUDHA KUMARI D/O SHRI NIWAS SINGH R/O Village- Chaukhanda Chitauli, P.S. - MUFASSIL(Sasaram) , Distt Rohtas AT SASARAM ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SONAM KUMARI D/O SURYANATH SINGH R/O VILLAGE- RAMPUR LAKH, P.S.- NATWAR, DIST- ROHTAS ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Deepak Kumar, Advocate For the State :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a complaint case registered for the offence punishable under Sections 341, 323, 498A, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. As per the prosecution case, the informant was married to co-accused Hemraj Singh on 04.06.2019, however, after some time of marriage, all the F.I.R. named accused persons, including these petitioners, started demanding dowry

Patna High Court CR. MISC. No.33831 of 2024(2) dt.12-07-2024 2/3 and due to non-fulfillment of the demand for dowry, they tortured and harassed the informant.

4. It is submitted by learned counsel for the petitioners that Petitioner No. 1 is mother-in-law and Petitioner Nos. 2 and 3 are married sisters-in-law of informant. Thrust of the accusation is against husband of the informant, who has already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 27.03.2023 passed in Cr. Misc. No. 48064 of 2022. So far as these petitioners are concerned, there is general and omnibus allegation against them. Petitioners are separate in mess & property and have got no concern with the affairs of the informant and her husband. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.33831 of 2024(2) dt.12-07-2024 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Rohtas at Sasaram, in connection with Sasaram Mahila P.S. Case No. 63 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T