Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2098 of 2020 Arising Out of PS. Case No.-167 Year-2020 Thana- KORHA District- Katihar ====================================================== 1.

Pramila Devi W/o of Suresh Prasad Singh, Resident of Village - Fulwariya, P.S. - Kodha, District - Katihar.

2.

Dhiren Mehta Son of Baleshwar Mehta, Resident of Village - Jhunni, P.S. - K. Nagar, District - Purnia.

3.

Pinki Devi Wife of Dhiren Mehta, Resident of Jhunni Kala, P.S.- K Nagar, District - Purnia.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Alok Kumar For the Respondent/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 24-02-2021 Heard learned counsel for the appellants and learned counsel for the State.

The appeal is admitted.

In this appeal, the appellants are seeking anticipatory bail in connection with Kodha P.S. Case No. 167 of 2020 registered for offence punishable under sections 498(A), 341, 323, 307, 504, 506/34 of the Indian Penal Code and sections 3 (r) (s) of the SC/ST (POA) Act and sections 3/4 of the Dowry Prohibition Act.

Allegation has been made that marriage of the victim girl was solemnized with Rupesh Kumar son of Suresh Pd. Singh. After some time, the accused persons started demanding dowry, torturing the victim girl in different manner, taking her caste name

Patna High Court CR. APP (SJ) No.2098 of 2020(2) dt.24-02-2021 2/2 and also told that as she belongs to Scheduled Caste category, she cannot stay in their house.

Learned counsel for the appellants submits that appellant no. 1 is mother-in-law, appellant no. 2 is brother-in-law and appellant no. 3 is sister-in-law of the informant and they have wrongly been made accused in the present case. Looking to the facts and circumstances of the case, the impugned order dated 27.08.2020 is set aside and the appellants above named, in the event of arrest or surrender before the court below within six weeks from today, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge, Katihar in connection with Kodha P.S. Case No. 167 of 2020, subject to the condition that one of the bailors of the appellants shall be their close relative and the appellants shall fully cooperate with the investigation/trial of the case, failing which, the court below shall be at liberty to cancel the bail bonds of the appellants. Accordingly, this appeal is allowed.

(Shivaji Pandey, J) Mahesh/- U T