Amriti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52144 of 2023 Arising Out of PS. Case No.-1229 Year-2019 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== 1.
AMRITI DEVI WIFE OF GANAUR RAM RESIDENT OF VILLAGEVIDYA JHAP, PS- SAKRA, DISTT- MUZAFFARPUR 2.
KANIKA DEVI @ KANIKA KUMARI WIFE OF SHASHI BHUSHAN KUMAR RESIDENT OF VILLAGE- VIDYA JHAP, PS- SAKRA, DISTTMUZAFFARPUR 3.
GANAUR RAM SON OF LATE NANHU RAM RESIDENT OF VILLAGE- VIDYA JHAP, PS- SAKRA, DISTT- MUZAFFARPUR ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
BHARTI KUMARI WIFE OF NAVIN KUMAR RESIDENT OF VILLAGE- LAKSHMI SAGAR, JP CHOWK COLONY, PS- LNMU, DISTT- DARBHANGA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar, Adv.
For the Opposite Party/s :
Mr.Anand Kishore Choudhary, APP.
Mr. Ashok Kumar Sinha, Adv.
Mr. Satish Kumar Sinha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners, learned counsel for the complainant and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 498(A), 504/34 of the Indian Penal Code but later on, cognizance has been taken under Section 498 (A) only.
3. Allegedly, petitioners along with other accused persons are said to have tortured upon the complainant physically and
Patna High Court CR. MISC. No.52144 of 2023(2) dt.11-08-2023 2/3 mentally and ousted her from her matrimonial home due to nonfulfillment of the dowry demand. They also tried to commit murder of the complainant by setting her on fire.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Petitioners are in-law of the complainant. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They have no concern with the daily affairs of the complainant and her husband. They have been accused in the present case merely because they are family members of the complainant's husband. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Complaint
Patna High Court CR. MISC. No.52144 of 2023(2) dt.11-08-2023 3/3 Case No. 1229 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T