Phulo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34603 of 2023 Arising Out of PS. Case No.-288 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== 1.
PHULO DEVI Wife of Muneshwar Pandit Resident of Village- Khopa Chauk, PS- Phulparas, District- Madhubani 2.
Muneshwar Pandit Son of Panchu Pandit Resident of Village- Khopa Chauk, PS- Phulparas, District- Madhubani 3.
Shiv Kumari Devi @ Punita Devi Wife of Shivnath Pandit Resident of Village- Khopa Chauk, PS- Phulparas, District- Madhubani 4.
Shiv Nath Pandit Son of Ram Kisun Pandit Resident of Village- Laxmipur Kaithiniya PS- Jhanjharpur, Distt- Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Puja Devi Wife of Jay Prakesh Pandit Resident of Village- Khopa Chauk, PS- Phulparas, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023
1. 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 498(a), 494 and 34 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated by the informant being mother-inlaw, father-in-law, sister-in-law and brother-in-law of the
Patna High Court CR. MISC. No.34603 of 2023(2) dt.03-08-2023 2/3 husband of the informant. It is also submitted that from perusal of the allegation as alleged in the FIR it would manifest that the allegation of torture and demand of dowry is simple and omnibus in nature. It is next submitted that it is the duty of the husband to ensure the well being of the wife and the petitioners are also residing separately, it is further submitted that petitioner no. 3 is married sister-inlaw of the informant and petitioner no. 4 is her husband, it is further submitted that whenever such dispute arises the entire family members came to be implicated in a mechanical manner.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners abovenamed, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in
Patna High Court CR. MISC. No.34603 of 2023(2) dt.03-08-2023 3/3 connection with Phulparas P.S. Case No. 288 of 2022 subject to the conditions as laid down under Section 438
(2) of the Cr.P.C.
(Satyavrat Verma, J) GauravSinha/- U T