Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49444 of 2021 Arising Out of PS. Case No.-72 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== KANTI DEVI W/o Shri Nawal Kishore Prasad R/o Village- Chamapapur, Koirya Tola, P.S.- Gohrasahan, District- East Chmapran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kumari Archana W/o Shri Ajit Kumar Presently living at Village- Latiyahi, P.S.- Atapur, District- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar Mishra For the Opposite Party/s :

Mr.Dashrath Mehta, APP For the Informant :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending her arrest in a case registered under Sections 498A, 387/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.49444 of 2021(2) dt.22-10-2021 2/3 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is mother-in-law of the victim. She has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., East Champaran at Motihari in connection with Complaint Case No. 72/2021 (Trial No. 1554/2021), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Pankaj/- (Sudhir Singh, J) U T

Patna High Court CR. MISC. No.49444 of 2021(2) dt.22-10-2021 3/3