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Patna High CourtCR. MISC./47764/2022allowed

Bimal Devi v. The State Of Bihar

2022-12-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47764 of 2022 Arising Out of PS. Case No.-109 Year-2018 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== BIMAL DEVI Wife of Laxman Thakur R/V- Sursand Lichi Fulwari ward No. 1, P.S- Sursand, Dist- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Manju Kumari Wife of Jitendra Thakur R/V- Sursand, P.s- Sursand, DistSitamarhi. At present, Manju Kumari D/O- Balchand Thakur, r/v- Dhanha, P.S- Bela, Dist.- sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in connection with Complaint Case No.-C1-109/2018, registered for the offences punishable under Sections 498A and 34 of the Indian Penal Code.

The petitioner alongwith other in-laws of the complainant tortured her physically and mentally for nonfulfillment of demand of additional dowry. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as

Patna High Court CR. MISC. No.47764 of 2022(2) dt.06-12-2022 2/2 stated in paragraph-3 of the bail application. It is further submitted that the petitioner is the mother-in-law of the complainant and there is general and omnibus allegation against her. It is also submitted that the husband of the complainant has already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 01.04.2019, passed in Cr. Misc. No.4360 of 2019.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Considering the facts aforesaid, let petitioner, above named, in the event of her arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1, Sitamarhi in connection with Complaint Case No.-C1-109/2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T