Patna High CourtCR. MISC./40023/2023bail granted

Guriya Kumari @ Kiri @ Guriya v. The State Of Bihar

2023-07-28Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40023 of 2023 Arising Out of PS. Case No.-32 Year-2022 Thana- MAHILA P.S District- Supaul ====================================================== GURIYA KUMARI @ KIRI @ GURIYA WIFE OF PRASHANT KUMAR BHARTI RESIDENT OF VILLAGE -EKAPARHA, AURAHI, POLICE STATION- GAMHARIYA, DISTT- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Adv., Ms. Kanika, Adv.

For the State :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-07-2023 Heard Mr. Arun and Ms. Kanika, learned counsel appearing on behalf of the petitioner and Mr. Jai Narain Thakur, learned A.P.P. for the State.

2. The petitioner apprehend her arrest in connection with Supaul (Mahila) P.S. Case No. 32 of 2022, dated 06.06.2022, registered under Sections 498(A), 494, 341, 323, 504, 506/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

3. As per prosecution story the allegation is that of demand of dowry and torture. Such allegation has been made by the informant against her husband, who is co-accused and

Patna High Court CR. MISC. No.40023 of 2023(2) dt.28-07-2023 2/3 allegedly the petitioner is the legal companion of her husband.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is nowhere concern with the allegation as made in the F.I.R. Demand of dowry is against the husband of the informant and petitioner is considered to be friend of the informant's husband and the same is not illegal as per the present amendment made in the Indian Penal Code..

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made in the F.I.R. as well as the fact that the very demand of dowry is against the husband of the informant, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Supaul in connection with Supaul (Mahila) P.S. Case No. 32 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The Court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in

Patna High Court CR. MISC. No.40023 of 2023(2) dt.28-07-2023 3/3 paragraph no. 3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) pravinkumar/- U T