Manoj Kapri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34052 of 2022 Arising Out of PS. Case No.-2 Year-2021 Thana- MAHILA P.S. District- Banka ====================================================== 1.

MANOJ KAPRI S/o Radhe Kapri Resident of Village- Fatehpur, P.S.- Amarpur, District- Banka.

2.

Kiran Devi W/o Manoj Kapri Resident of Village- Fatehpur, P.S.- Amarpur, District- Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Devi W/o Praful Kumar Mandal Resident of Village- Parariya, P.S.- Bank, District- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Banka (Mahila) P.S. Case no. 02 of 2021 instituted for the offence under Sections 498A, 494, 323, 307, 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Allegation against the petitioners is demand of dowry and due to non-fulfillment of dowry demand the petitioners along with accused persons started assaulting and torturing the informant mentally and physically.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.34052 of 2022(2) dt.24-11-2022 2/2 has submitted that petitioners are quite innocent and have committed no offence. They are in-laws of the informant due to which they have falsely been implicated in this case. It is further submitted that there is ample responsibility of the co-accused namely, Prafulla Kumar Mandal to keep his wife with dignity. Petitioners have no concern with the informant and they are living separately from the informant and her husband. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Banka (Mahila) P.S. Case no. 02 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Banka subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T