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Patna High CourtCR. MISC./34445/2022bail granted

Manika Rai v. The State Of Bihar

2022-10-20Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34445 of 2022 Arising Out of PS. Case No.-459 Year-2021 Thana- MANER District- Patna ====================================================== 1.

MANIKA RAI SON OF LATE YOGA RAI Resident of Village New Etwarpur, P.S. Parsa Bazar, District Patna 2.

SHAKUNTALA DEVI WIFE OF SRI MANIKA RAI Resident of village New Etwarpur, P.S. Parsa Bazar, District Patna 3.

DILIP KUMAR SON OF SRI MANIKA RAI Resident of village- New Etwarpur, P.S. Parsa Bazar, District Patna 4.

MUNNA KUMAR SON OF SRI MANIKA RAI Resident of village New Etwarpur, P.S. Parsa Bazar, District Patna 5.

PUJA KUMARI W/O SHATRUDHAN KUMAR, D/O SRI MANIKA RAI Resident of Village- Deraper, P.S.- Neura, District- Patna. 6.

BHISHAM RAI S/O LATE HALIMA RAI Resident of Village- Kolrampur, P.S.- Barhara, District- Bhojpur.

7.

SHANKAR RAI SON OF LATE KALUTAN RAI Resident of VillageAbhimanyu Nagar Rupaspur, P.S.- Rupaspur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-10-2022 Heard learned counsel for the parties.

The petitioner apprehends her arrest in a case registered for the offence under Sections 341, 323, 506, 379, 498(A)/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Allegation against petitioners is of commission of torture and harassment to the informant due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.34445 of 2022(2) dt.20-10-2022 2/3 Petitioner nos. 1 & 2 are father-in-law and mother-inlaw of informant, petitioners no. 3 & 4 are younger brothers of husband of informant, petitioner no. 5 is married sister of husband of informant and petitioners no. 6 & 7 are Mausa and Mama of husband of informant.

It is submitted on behalf of petitioner that specific allegation of demand of dowry and torture is against husband of the informant. So far as these petitioners are concerned, there is general and omnibus allegation. They are separate in mess and property and have got no concern with the family affairs of informant and her husband. Petitioners have got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for bail of petitioners.

However, considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Danapur, Patna in connection with Maner P.S. Case No. 459 of 2021, subject to condition as laid down under Section 438(2) of the

Patna High Court CR. MISC. No.34445 of 2022(2) dt.20-10-2022 3/3 Code of Criminal Procedure.

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