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Patna High CourtCR. MISC./33016/2022allowed

Fulmani Devi v. The State Of Bihar

2022-09-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33016 of 2022 Arising Out of PS. Case No.-838 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== FULMANI DEVI W/o Late Umashankar Lal R/o Mohalla- Sector-9/A, Basanti More, Near Hanuman Mandir, P.S.- Harla, District- Bokaro (Jharkhand). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Swati Kumari @ Rani D/o Shrawan Kumar, W/o Raju Kumar R/o villageLaheriya Tola, Ward No. 11, Mokama, P.O. and P.S.- Mokama, DistrictPatna ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Prem Ranjan Kumar For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends her arrest in a case registered for the offences punishable under Section 498A & 323/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The petitioner in association of other co-accused is said to have ousted the complainant from her matrimonial home

Patna High Court CR. MISC. No.33016 of 2022(2) dt.15-09-2022 2/2 over non-fulfillment of demand of dowry. Other allegations have also also made.

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. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, the petitioner is an old lady aged about 60 years. She is the mother-in-law of the complainant and is living separately with her and her husband. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, 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 Complaint Case No.838(C)/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T