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Patna High CourtCR. MISC./53365/2024disposed

Savita Devi v. The State Of Bihar

2024-07-26Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53365 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- MAHILA P.S. District- Nawada ====================================================== 1.

Savita Devi wife of Pawan Kumar @ Pawan Yadav Resident of VillageRaustampur, P.S. Mufassil, District- Nawada 2.

Kanti Kumari wife of Pintu Yadav Village- Charbara Ps- Atri , Dist- Gaya 3.

Sushma Kumari D/o- Naresh Prasad @ Naresh Yadav Village- Triloki Bigha Ps- Muffasil Dist- Nawada 4.

Urmila Devi @ Arbilla Devi @ Shanti Devi wife of Naresh Prasad @ Naresh Yadav Village- Triloki Bigha Ps- Muffasil Dist- Nawada 5.

Naresh Prasad @ Naresh Yadav son of Late Musafir Yadav Village- Triloki Bigha Ps- Muffasil Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Ms. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2024 1.

Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel appearing on behalf of the informant, Mr. Sheo Kumar Prasad.

2.

The learned counsel for the petitioners submits that petitioners seek anticipatory bail in connection with Nawada Mahila P.S. Case No. 14 of 2024 registered for the offences punishable under Sections 498A, 341, 323, 506 and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act. It is further submitted that the investigation against the petitioners in the case is still continuing and they have

Patna High Court CR. MISC. No.53365 of 2024(2) dt.26-07-2024 2/3 not been given the benefit of Section 41A of the Cr.P.C. 3.

The learned counsel for the petitioners next submits that petitioner nos. 1, 2 and 3 are sister-in-law (Nanad) of the informant. Further, petitioner nos. 1 and 2 are married nanad. It is next submitted that petitioner nos. 4 and 5 are mother-in-law and father-in-law of the informant respectively. It is next submitted that whenever any dispute arises in between the husband and the wife, the entire family members are implicated in a mechanical manner with general and omnibus allegation.

4.

At this stage, the learned APP for the State submits that the offences for which the instant FIR has been instituted against the petitioners carries punishment of less than seven years, the said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioners and the informant.

5.

In view of the submission made by the learned APP, the anticipatory bail application is disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).

6. The petitioners would be at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case within a period of three weeks from today with a web copy of the order dated 13-2-2024 in

Patna High Court CR. MISC. No.53365 of 2024(2) dt.26-07-2024 3/3 Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari Vs. the state of Bihar) and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the directions contained in the the order dated 13-22024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J) Rishabh/- U T