Prabha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42301 of 2024 Arising Out of PS. Case No.-543 Year-2020 Thana- TEKARI District- Gaya ====================================================== 1 .
PRABHA DEVI W/O LATE ASHOK SINGH R/O VILLAGELASHKARGANJ, P.S- TEKARI, DISTT.- GAYA. 2.
LILA DEVI W/O VINAY SINGH R/O VILLAGE- LASHKARGANJ, P.STEKARI, DISTT.- GAYA. ... ... Petitioner/s
Versus
1 .
THE STATE OF BIHAR 2.
PRIYA KUMARI W/O LATE BIJENDRA KUMAR R/O VILLAGELASKARGANJ O.P., MAU, P.S- TIKARI, DISTT.- GAYA. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-10-2024 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 379, 498 A and 34 of the Indian Penal Code .
3 . As per prosecution case , allegation against these petitioners is of matrimonial cruelty due to non-fulfillment of demand of dowry .
4. It is submitted on behalf of the petitioners that petitioner No. 1 is mother-in-law and petitioner No. 2 is sister-
Patna High Court CR. MISC. No.42301 of 2024(4) dt.26-10-2024 2/3 in-law of the victim and they are innocent and have falsely been implicated in this case . As a matter of fact, husband of the informant namely Vijendra Kumar was working in AIRTEL Company who died in December 2019 in an accident and after his death, informant came to know that his husband had taken some LIC Policy in which his mother (petitioner No. 1) has been made nominee but informant demanded from petitioner No. 1 to give all benefit of LIC Policy to her from but she refused to do so . It is further submitted that in this regard, a panchayati was also held where petitioner No. 1 agreed to give all money in favour of minor son of informant but do not agree to remove her name in the category of nominee . A partition suit bearing P S No.
195 of 2020 is pending between the parties which was filed by informant against petitioner No. 1 . The entire allegation against this petitioner is false and concocted and has been lodged only with a view to settle civil and property dispute . Petitioners claim clean antecedent 5 . Learned counsel for the State oppose the bail petition .
6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be
Patna High Court CR. MISC. No.42301 of 2024(4) dt.26-10-2024 3/3 enlarged 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 CJM Gaya in connection with Tekari P.S. Case No. 543 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T