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Patna High CourtCR. MISC./38998/2024allowed

Chulo Devi @ Chulho Devi v. The State Of Bihar

2024-06-26Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38998 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- SIMRI District- Darbhanga ====================================================== 1.

Chulo Devi @ Chulho Devi wife of Shambhu Thakur Village- Laxmipur Bastwara PS- Simri Dist- Darbhanga 2.

Ruma Devi @ Rubha Devi wife of Niranjan Thakur Village- Laxmipur Bastwara PS- Simri Dist- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Girish Chandra Jha, Adv..

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Simri Bazar P.S. Case No.08 of 2024 instituted under Section 498(A) of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act.

3. As per the prosecution case, on 09.11.2022, informant got married with one Rupak Kumar but the marriage was not liked by husband's family. Thereafter, husband's family demanded one Maruti Car and Rs.5 lakh as dowry from the informant and on non-fulfillment of the same, they started torturing her and ousted her from her matrimonial house on 05.08.2023.

Patna High Court CR. MISC. No.38998 of 2024(2) dt.26-06-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that the petitioner no. 1 is mother-inlaw and petitioner no. 2 is married nanad of the informant. He further submits that petitioners are living separately from the husband of the informant and they have no concern with the family affairs of the informant and her husband. Petitioner no. 2 is married nanad of the informant who is living in her matrimonial house. He further submits that petitioner no. 1 had filed a complaint case against the informant, due to this reason the informant has filed this present case. The petitioners have no criminal antecedents.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned S.D.J.M., Darbhanga in connection with Simri Bazar P.S. Case No.08 of 2024, subject to the conditions laid down in

Patna High Court CR. MISC. No.38998 of 2024(2) dt.26-06-2024 3/3 Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) sadique/- U T