China Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47930 of 2022 Arising Out of PS. Case No.-462 Year-2019 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== 1.

China Devi Wife Of Late Saryug Tanti @ Sarjug Tanti R/V- Madanpur, P.SKajra, Dist- Lakhisarai 2.

Gurudeo Kumar Son Of Late Saryug Tanti @ Sarjug Tanti R/V- Madanpur, P.S- Kajra, Dist- Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shila Devi Wife of Rajesh Tanti, D/o Saugadar Tanti R/V- Madanpur, P.SKajra, Dist- Lakhisarai at present R/O- Srighana, P.S- Kajra, DistLakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Complaint Case No. 462C of 2019 instituted for the offence punishable under Sections 498(A) of the Indian Penal Code and 3/4 of the D.P. Act.

Allegation against the petitioners is that due to nonfulfillment of dowry demand, petitioners assaulted the complainant and ousted from house.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed

Patna High Court CR. MISC. No.47930 of 2022(2) dt.15-12-2022 2/3 no offence. A statement has been made in para 3 of the petition that the petitioners have got no criminal antecedent. It is further submitted that petitioner no.1 is mother-in-law and petitioner no.2 is brother-in-law of the complainant and due to which they have falsely been made accused in this case. Petitioners have no concern with mess and business of the complainant and have been living separately from her. It is further submitted that the husband of the complainant is responsible to keep his wife with full dignity.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Complaint Case No. 462C of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Lakhisarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.47930 of 2022(2) dt.15-12-2022 3/3 (Sunil Kumar Panwar, J) aman/shubhamU T