Pooja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42105 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- MIRGANJ DistrictGopalganj ====================================================== POOJA KUMARI, aged about 20 years, female, D/o Gauri Padit Resident of Ladwar, P.S.- Thawe, Distt - Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Md. Anisur Rahman, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act registered in connection with Mirganj P.S. Case No. 31 of 2019, G.R. No. 407 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the ingredients of the offence alleged are not applicable against the petitioner whatsoever who has been implicated merely stating that the informant's husband is said to have solemnized marriage also with the petitioner. The petitioner is not a family member of the informant nor is alleged to have made demand for dowry nor inflicted cruelty upon the informant. The petitioner is a lady and claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named

Patna High Court CR. MISC. No.42105 of 2019(2) dt.11-07-2019 2/2 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned I/c Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No. 31 of 2019, G.R. No. 407 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall be well represented in Court on each and every date during trial except as and when directed by the learned Court to be physically present, and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T