Anjali Kumari @ Sharvila Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33504 of 2025 Arising Out of PS. Case No.-590 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== 1.
Anjali Kumari @ Sharvila Kumari D/O Raja Ram Paswan R/O VillageEbrahimpur, P.S.- Noorsarai, Dist.- Nalanda 2.
Raja Ram Paswan S/O late Baleshwar Paswan R/O Village- Ebrahimpur, P.S.- Noorsarai, Dist.- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmanand Prasad, Advocate For the Opposite Party/s :
Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-05-2025 Heard Mr. Parmanand Prasad, learned counsel for the petitioners and Ms. Suman Kumari Singh, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Noorsarai P.S. Case No. 590 of 2024, F.I.R. dated 14.12.2024 for the offences punishable under Sections 80 and 3(5) of the B.N.S., 2023.
3. According to prosecution case, the petitioners and other co-accused persons on non-fulfillment of the dowry demand assaulted the daughter of the informant.
4. Learned counsel for the petitioners submits that petitioners having clean antecedent and they have falsely been implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.33504 of 2025(2) dt.21-05-2025 2/3 from the F.I.R. that the informant is not the eye witness of the alleged occurrence and the petitioners have been made accused merely on the ground of the suspicion and excepet the suspicion, no other cogent material has come during investigation which suggests the involvement of the petitioner in the present occurrence and it also appears from the F.I.R. that there is no specific allegation of any assault or overt act or demand of dowry is attributed against these petitioners rather there is general and omnibus allegation against all the accused persons including these petitioners and the petitioner no. 1 is the unmarried sister-in-law and petitioner no. 2 is the father-in-law of the deceased.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts, the petitioners have clean antecedent and there is no specific allegation of any assault or overact or demand of dowry against these petitioners, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial MagistrateI, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 590 of 2024 , subject to the conditions as laid down under
Patna High Court CR. MISC. No.33504 of 2025(2) dt.21-05-2025 3/3 Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Jyoti Kumari/- U T