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Patna High CourtCR. MISC./37580/2019bail granted

Raman Mishra @ Raman Kumar Mishra v. The State Of Bihar

2019-08-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37580 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

Raman Mishra @ Raman Kumar Mishra S/O Punit Mishra R/o villageKharka, P.S.- Nanpur, District- Sitamarhi 2.

Rina Kumari @ Rina Devi @ Rani Kumari W/O Raman Mishra @ Raman Kumar Mishra R/O village- Kharka, P.S.- Nanpur, District- Sitamarhi ... ... Petitioners

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Sunil Prasad Singh, Advocate For the State :

Mr. Satyendra Prasad, Addl Public Prosecutor For the informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-08-2019 Heard learned counsel for the parties in respect of bail prayer of petitioner no.2, as on arresting of petitioner no.1, his anticipatory bail application has already become infructuous vide order dated 18.7.2019.

Petitioner no.2, who is mother in law of the victim, apprehends arrest in a case registered for the offence punishable under Sections 498A, 313/34 of the IPC as well as under sections 3⁄4 of the Dowry Prohibition Act.

Prosecution's case in short is that the petitioner no. 2 as well as her other family members demanded dowry and committed torture on the daughter of the informant. Learned counsel for the petitioner no. 2, referring to Section 164 Cr.P.C. statement of the victim, submits that the victim has not made any specific allegation against petitioner

Patna High Court CR. MISC. No.37580 of 2019(4) dt.14-08-2019 2/2 no.2. Further, other similarly situated persons, namely, Punit Mishra, Sunaina Devi and Swati Kumari have already been allowed anticipatory bail by a bench of this Court vide order dated 13.6.2019, passed in Cr.Mis.No. 36725 of 2019. Learned counsel for the informant opposes the prayer for bail.

Considering the facts of the case, let the petitioner no. 2, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate (P) Sitamarhi in Nanpur Police Station Case No. 84 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T