Kaushalya Devi @ Kaushalya Kuar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49835 of 2019 Arising Out of PS. Case No.-725 Year-2017 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== 1.
KAUSHALYA DEVI @ KAUSHALYA KUAR, W/o Late Dudh Nath Rai 2.
Satendra Rai S/o Late Dudh Nath Rai Both are Resident of Village- Laheji, P.S.- Basantpur, District- Siwan. ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Rekha Devi W/o Ranjan Kumar @ Kariman, D/o Upendra Yadav R/o Village- Sadhwar, P.O.- Bhithi, P.S.- Goriyakothi, District- Siwan, at present R/o Village- Rahampur, P.S.- Ekma, District- Saran (Chapra). ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-08-2019 The petitioners apprehend their arrest in connection with Trial No. 2126 of 2019 arising out of Complaint Case No. 725 of 2017 registered under Sections 120B, 323,341,379 and 498A of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.
Allegation against the petitioners is that marriage of complainant was solemnised with Ranjan Kumar on 28.04.2016 and after marriage her husband and other family members started demanding a sum of Rs. 2 lacs as dowry for purchasing car for her husband who is a driver and also due to non-payment
Patna High Court CR. MISC. No.49835 of 2019(2) dt.09-08-2019 2/3 of the same, complainant has been tortured physically and mentally by all the accused persons.
Learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in this case inasmuch as petitioner no. 1 is Bua and petitioner no. 2 is a cousin of the complainant and both petitioners belong to family of the complainant and do not belong to in-laws family of the complainant. Learned counsel further submits that no specific allegation has been levelled against these petitioners in the entire complaint. .
After having heard learned counsel for the parties and taking into consideration the fact that no specific allegation has been levelled against these petitioners and they belong to family of the complainant herself, as such I am inclined to grant anticipatory bail to the petitioners.
Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned SDJM, Saran at Chapra in connection with Trial No. 2126 of 2019 arising out of Complaint Case No. 725 of 2017; subject to
Patna High Court CR. MISC. No.49835 of 2019(2) dt.09-08-2019 3/3 condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) sujit/- U T