Poonam Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52780 of 2019 Arising Out of PS. Case No.-74 Year-2018 Thana- BADHAILA District- Rohtas ====================================================== 1.
POONAM PATEL Wife of Pramod Patel Resident of Village - Bharsar, P.S.- Piro, Distt - Rohtas at present Shanti Nagar H.O. 364, Bhilai, P.S.- Bhilai, Distt - Bhilai (Chhatisgarh) 2.
Pramod Patel @ Pramod Son of Ramayan Patel Resident of Village - Bharsar, P.S.- Piro, Distt - Rohtas at present Shanti Nagar H.O. 364, Bhilai, P.S.- Bhilai, Distt - Bhilai (Chhatisgarh) ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Chandani Devi D/o Kamla Prasad Singh Resident of Dhawan, P.S.- Baghaila, Distt - Rohtas.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dharmendra Kumar Singh Mr. Sadanand Roy For the informant Mr. Vijay Kumar Singh No.1 For the State :
Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-08-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Baghaila P.S. Case No. 74 of 2018, disclosing offences under Section 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Petitioner no.1 is the sister of the husband of the informant, whereas petitioner no.2 is the husband of petitioner no.1.
Learned counsel for the petitioners has submitted that
Patna High Court CR. MISC. No.52780 of 2019(2) dt.23-08-2019 2/3 they lived away from the matrimonial home of the informant and they have been implicated merely because they are related to the husband of the informant. He has argued that the matrimonial dispute between the informant and her husband is the reason behind lodging of the FIR.
Learned counsel for the informant has opposed the prayer for grant of anticipatory bail and has submitted that there was demand for dowry and the amount of dowry was deposited in the bank account on petitioners' insistence. Be that as it may, considering the fact that the petitioners have been implicated because they are related to the husband of the informant, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of Sri Abhai Srivastava, learned Sub-Judge-IX-cum-ACJM, Sasaram, Rohtas in connection with Baghaila P.S. Case No. 74 of 2018, subject to the condition as laid down under Section 438
(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case
Patna High Court CR. MISC. No.52780 of 2019(2) dt.23-08-2019 3/3 may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T