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Patna High CourtCR. MISC./854/2017bail granted

Sugandhi Devi v. State Of Bihar And ANR

2017-02-21Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.854 of 2017 ====================================================== Sugandhi Devi Wife of Sudarshan Yadav Resident of Village -Lahrauli, P.S.- Salempur, District- Deoria (U.P.) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Neetu Devi , Wife of Chandrashekhar Yadav, Daugther of Satyanarayan Yadav, Presently Residing at Village- Hankarpur, P.S.- Vijaypur, District- Gopalganj.

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

For the Petitioner/s : Mr. Raj Kamal For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-02-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the Complainant.

In this application for anticipatory bail the petitioner apprehends her arrest in connection with Trial No. 2381 of 2016 for the offence punishable under section 498 (A) of the I.P.C. Allegedly, Neetu Devi married with Chandrashekhar Yadav gave birth of a female child and thereafter the accused persons including the petitioner started torturing her and started demanding cash of Rs. 2,00,000/- by way of dowry and further on refusal the petitioner and the sister-in-law used to burn her by the hitted Kalchul and Chholni and ultimately after boarding a vehicle the accused persons brought her at her Maike on 10.01.2015. Submission is of false implication and that no injury

Patna High Court Cr.Misc. No.854 of 2017 (3) dt.21-02-2017 2/2 report is attached with the complaint petition, the petitioner is old mother-in-law living separately from husband of the complainant, the petitioner has got no concern with the family affairs of the complainant and her husband, there is no specific allegation against her for demanding dowry and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the complainant opposes prayer for pre-arrest bail of the petitioner by submitting that against the petitioner there is specific allegation for burning the complainant with the hitted Kalchul and Chholni.

In the facts and circumstances as stated above, considering that in the complaint petition no injury report is attached and as such the petitioner, in case of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. Sri R.S. Ram, J.M. 1st Class, Gopalganj in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T