Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34648 of 2024 Arising Out of PS. Case No.-87 Year-2020 Thana- KALUAHI District- Madhubani ====================================================== 1.

Asha Devi Wife of Lakshman Yadav R/O Vill.- Pursouliya, P.S.- Kaluahi, Dist.-Madhubani 2.

Laxman Yadav Son of Ganesh Yadav R/O Vill.- Pursouliya, P.S.- Kaluahi, Dist.-Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Guriya Kumari Wife of Prahlad Yadav R/O Vill.- Kalikapur, P.S.- Kaluahi, Dist.-Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Gagan Deo Yadav, Advocate Mr. Rajesh Kumar, Advocate For the State :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2024 Heard learned counsels for the parties.

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

3. Allegation against these petitioners is of matrimonial cruelty and of demand of dowry.

4. It is submitted by learned counsel for the petitioners that Petitioner No. 1 is sister-in-law of the informant and Petitioner No. 2 is husband of Petitioner No. 1. Petitioners are victim of over implication. There is no specific allegation of

Patna High Court CR. MISC. No.34648 of 2024(7) dt.23-09-2024 2/2 demand of dowry or torture against these petitioners. They are separate in mess & property and have got no concern with the affairs of the informant and her husband. Thrust of accusation is against husband of the informant. 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, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. Ist, Madhubani, in connection with Kaluahi P.S. Case No. 87 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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