Bina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46473 of 2023 Arising Out of PS. Case No.-35 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== 1.
BINA DEVI W/o Ram Kumar Pswan Resident of Village-Painta, P.S.- Phulparas, District-Madhubani 2.
RAM KUMAR PASWAN Son of Late Mahendra Paswan Resident of Village-Painta, P.S.-Phulparas, District-Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
CHAMELI DEVI @ BIBHA DEVI W/o Prakash Paswan Resident of Village-Painta, P.S.-Phulparas, District-Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hriday Narayan Harshit, Adv.
For the Opposite Party/s :
Mr.Lalan Kumar, APP (Incharge) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Phulparas P.S. Case No. 35 of 2022, G.R. No. 118 of 2022 registered for the offences punishable under Sections 498(A)/34 of the Indian Penal Code.
3. As per prosecution case, the informant made allegation that petitioners and other are said to have demanded Rs. 1,50,000/- in dowry. It is further alleged that she was also assaulted by her husband Prakash Paswan. It has also been stated that accused persons including the petitioners told that if
Patna High Court CR. MISC. No.46473 of 2023(2) dt.04-08-2023 2/3 the said demand was not fulfilled, they would not allow the informant to stay at their house.
4. Learned counsel for the petitioners submits that petitioner no. 1 is mother in law and petitioner no. 2 is father-inlaw of the informant. He further submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Petitioners bear no criminal antecedent. He further submits that allegation against the petitioners are oblique in nature. Petitioners are living separately from the informant and her husband and they have separate mess and business.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, petitioners are in-laws and are living separately from the informant and her husband, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the
Patna High Court CR. MISC. No.46473 of 2023(2) dt.04-08-2023 3/3 like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Jhanjharpur, District-Madhubani in connection with Phulparas P.S. Case No. 35 of 2022 corresponding to G.R. No. 118 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) shahzad/- U T