Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61523 of 2023 Arising Out of PS. Case No.-37 Year-2022 Thana- MAHILA PS District- Jehanabad ====================================================== 1.

MALTI DEVI WIFE OF RAJ KUMAR CHAUDHARY RESIDENT OF VILLAGE- HAJIPUR, PS- KAKO, DIST- JEHANABAD 2.

PINKI DEVI W/O SARYU CHAUDHARY RESIDENT OF VILLAGEHAJIPUR, PS- KAKO, DIST- JEHANABAD 3.

KOSMI DEVI WIFE OF LATE MUSHAFIR CHAUDHARY @ MOSAFIR CHAUDRI RESIDENT OF VILLAGE- HAJIPUR, PS- KAKO, DISTJEHANABAD 4.

SARYU CHAUDHARY @ SARJU CHAUDHARY SON OF LATE MUSHAFIR CHAUDHARY @ MOSAFIR CHAUDRI RESIDENT OF VILLAGE- HAJIPUR, PS- KAKO, DIST- JEHANABAD ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ANITA KUMARI WIFE OF BIRU CHAUDHARY RESIDENT OF VILLAGE- HAJIPUR, PS- KAKO, DIST- JEHANABAD ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sinha For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-02-2024

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Jehanabad Mahila Police Station Case No. 37 of 2022, dated 27.10.2022, disclosing offences under Sections 498-A/494/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the marriage of the informant was solemnized with

Patna High Court CR. MISC. No.61523 of 2023(3) dt.29-02-2024 2/3 the co-accused Biru Choudhary on 24.02.2014. After some time, the petitioners, alongwith other accused persons, started demanding a sum of Rs. 2,00,000/- as dowry and due to non-fulfillment of the demand, the informant was tortured physically and mentally and ultimately the informant was ousted from her matrimonial home.

4. Learned Counsel for the petitioners submits that the petitioners are family members of the informant's husband. The petitioner no. 1 is elder sister-in-law (Nanad), petitioner no. 2 is sister-in-law (Gotani), petitioner no. 3 is mother-in-law and petitioner no. 4 is brother-in-law (Bhaisur) of the informant. He further submits that allegations against the family members are general and omnibus in nature.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the omnibus nature of allegation and the fact that the petitioners are family members of informant's husband, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their

Patna High Court CR. MISC. No.61523 of 2023(3) dt.29-02-2024 3/3 arrest or surrender before the Court below within four weeks, 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 learned Sub Divisional Judicial Magistrate, Jehanabad, in connection with Jehanabad Mahila Police Station Case No. 37 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T