Rupnarayan Sharma @ Rup Narain Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45950 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- MAHILA PS District- East Champaran ====================================================== 1.

Rupnarayan Sharma @ Rup Narain Sharma SON OF Late Asharfi Sharma Village- Ekdari, Ward No 04, PS- Chhauradano, East Champaran 2.

RAJKUMARI DEVI @ RAJ KUMARI DEVI @ RAJKUMARI WIFE OF RUPNARAYAN SHARMA Village- Ekdari, Ward No 04, PS- Chhauradano, East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

Juhee Kumari WIFE OF Sanjay Sharma village- Ekdari, Ward no 04, PSChhouradano, East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

At the very outset, learned counsel for the petitioners seeks permission to withdraw the prayer for anticipatory bail of the petitioner no.1, as he has already been arrested. 3.

Permission is granted.

4.

Accordingly, the prayer for anticipatory bail made through the instant application, on behalf of the petitioner no.1 is dismissed as withdrawn.

5.

Now, the present application is being heard on the prayer of grant of anticipatory bail of petitioner no.2 only.

Patna High Court CR. MISC. No.45950 of 2024(2) dt.24-07-2024 2/3 6.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 498(A), 341, 323, 313/34 of the IPC and section 3⁄4 of the D.P. Act.

7.

Petitioner, who is the mother-in-law of the informant is said to have abused and assaulted the informant on the pretext of non-fulfillment of demand for dowry.

8.

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 due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. Petitioner no.2 has no criminal antecedent.

9.

Learned APP for the State opposed the prayer for bail. 10.

Having regard to the facts and circumstances of the case, as there is general and omnibus allegation against the petitioner no.2, let the above named petitioner no.2, 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

Patna High Court CR. MISC. No.45950 of 2024(2) dt.24-07-2024 3/3 learned court below where the case is pending/Successor Court in connection with Mahila P.S. Case No.06 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T