Chanchala Devi @ Shiv Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49700 of 2023 Arising Out of PS. Case No.-855 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== CHANCHALA DEVI @ SHIV KUMARI DEVI WIFE OF PREM NATH SINGH R/O-AMAUNA, P.O.-AMAUNA, P.S.-NASRIGANJ, DISTT.- ROHTAS. PRESENTLY RESIDING AT HOUSE NO. 200/26K, LANE NO. 17, BLOCK-H, SAGAM VIHAR, NEW DELHI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SABITA KUMARI WIFE OF SHUBHAM SINGH D/O-SRI PARAS SINGH, AT-AMMIYAWAR, P.O.-AMMIYAWAR, P.S.-NASRIGANJ, DISTT.-ROHTAS. PRESENTLY AT MUHALLA-MAHABIR SHTHAN, WARD NO. 5, P.O. AND P.S.-SASARAM NAGAR, DISTT.-ROHTAS ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-08-2023 Heard Mr. Rajani Kant Pandey, learned counsel for the petitioner and Ms. Pushpa Sinha, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends her arrest in connection with Complaint Case No. 855/2019 registered for the offence punishable under Sections 147, 148, 323, 341, 504, 379, 120(B), 498(A)/34 of the IPC and Section 3⁄4 of Dowry Prohibition Act whereas cognizance has been taken by the SDJM, Sasaram only under Section 498(A) of the IPC and Section 4 of Dowry Prohibition Act.

Patna High Court CR. MISC. No.49700 of 2023(2) dt.16-08-2023 2/3

3. As per prosecution case, the informant got married to one Shubham Singh on 14.02.2017 and after some time, she was subjected to torture and cruelty by the petitioner and other in-laws due to non fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as the petitioner is mother-in-law of the informant. The allegation levelled against her is general and omnibus in nature. Learned counsel next submits that the informant, in order to put pressure on her husband to take a rented house at Sasaram near her maika, has lodged this case against the mother of her husband.

5. Regards being had to the submissions made by the parties, taking into consideration that the petitioner is mother-inlaw and the allegation attributed to her is general and omnibus in nature, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory 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, Sasaram, Rohtas in connection with Complaint Case

Patna High Court CR. MISC. No.49700 of 2023(2) dt.16-08-2023 3/3 No. 855/2019, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T