Rupa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43118 of 2023 Arising Out of PS. Case No.-43 Year-2021 Thana- MAHILA P.S. District- Lakhisarai ====================================================== RUPA KUMARI WIFE OF LATE RAJIV KUMAR RESIDENT OF MOHALLA -SURYAPRAKASH ROAD, KHANJARPUR, PS -BARARI, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends her arrest in a case registered for the offence punishable u/s 341, 323, 498(A), 506/34 IPC. 3.

Allegedly, the petitioner along with other accused persons is said to have tortured the victim due to non-fulfillment of demand of dowry and thereafter she was ousted from the matrimonial house.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner is the cousin sister-in-law of the husband of the victim. The allegation

Patna High Court CR. MISC. No.43118 of 2023(2) dt.10-08-2023 2/2 leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent and husband of the victim has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 10.11.2022 passed in Cr. Misc. No.25755/2022 (Annexure-2). 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Lakhisarai (Mahila) P.S. Case No.43/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T