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Patna High CourtCR. MISC./47235/2023allowed

Devendra Jha v. The State Of Bihar

2024-01-30Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47235 of 2023 Arising Out of PS. Case No.-2134 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== 1.

DEVENDRA JHA Son of Late Shaukhi Lal Jha Resident of VillageBhudhara Adarsh Nagar, Road No. 3(C), Ward No. 15, Police Station-Town Samastipur, District-Samastipur 2.

DROPDI DEVI @ DRAUPADI DEVI Wife of Devendra Rai Resident of Village-Bhudhara Adarsh Nagar, Road No. 3(C), Ward No. 15, Police Station-Town Samastipur, District-Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

KHUSHBOO KUMARI Wife of Santosh Kumar D/o Ravindra Kumar Mishra Resident of Village-Wajidpur Meyari, Police Station-Sarairanjan, District-Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2024 Heard learned counsel for the for the petitioners and learned APP for the State.

2. Vide order dated 19.01.2024, notice was deemed to be validly served upon the O.P. No.2 but nobody has entered appearance on her behalf.

3. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.47235 of 2023(5) dt.30-01-2024 2/3

4. Petitioners, who are the in-laws of the complainant, is said to have assaulted her and ousted her from the matrimonial home in association of their family members over the dowry demand.

5. It is submitted by learned counsel for the petitioners that the petitioners are innocent person and have committed no offence. Petitioners have neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. Petitioners are the in-laws of the complainant and there is no specific overt act against them. Petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail application.

6. Learned APP for the State opposed the prayer for grant of anticipatory bail.

7. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each 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 Complaint Case

Patna High Court CR. MISC. No.47235 of 2023(5) dt.30-01-2024 3/3 No.2134 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., (Anjani Kumar Sharan, J) shikha/- U T