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Patna High CourtCR. MISC./47899/2019bail granted

Sima Kumari @ Seema Kumari @ Sima v. The State Of Bihar

2019-08-01Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47899 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- MAHILA PS District- Aurangabad ====================================================== 1.

Sima Kumari @ Seema Kumari @ Sima, W/o Priya Ranjan Resident of Village-Vijay Nagar, P.S.-Hanuman Nagar, District-Patna. 2.

Nitu Kumari @ Neetu Kumari @ Neetu, W/o Manish Kumar Resident of Flat no. 4A, Anandshree Apartment, Lohia Path, P.S-Rupaspur, DistrictPatna. 3.

Arun Kumar Sinha, Son of Late Rajeshwar Prasad Resident of Khurkuri, P.S.-Paliganj, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shweta Suman, W/o Rahul Kumar D/o Brajesh Kumar Sinha Resident of Village-Kamlanagar Smirti, Satendra Nagar, P.S. and District-Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr. (Dr.) Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2019 Heard learned counsels for the petitioners and the State.

The petitioners, being the married sisters and uncle of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 420, 354, 498A, 379 and 504/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act.

The prosecution case is that the informant was married with co-accused Rahul Kumar on 29.04.2018, but subsequent to

Patna High Court CR. MISC. No.47899 of 2019(2) dt.01-08-2019 2/3 the marriage, further dowry demand of a car was made and due to non-fulfillment of the same, the informant was tortured by the petitioners and other in-law family members.

It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the informant. The accusation against the petitioners is omnibus and general. It is further submitted that petitioner nos. 1 and 2 are the married sisters of the husband of the informant, who used to reside at their matrimonial house and the petitioner no.3 is the uncle of the husband of the informant, who claims to be separate from him.

Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the thrust of accusation against the husband of the informant, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned SDJM, Aurangabad in connection with

Patna High Court CR. MISC. No.47899 of 2019(2) dt.01-08-2019 3/3 Mahila P.S. Case No. 13 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T