Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61837 of 2021 Arising Out of PS. Case No.-40 Year-2020 Thana- DUMARIYA District- Gaya ====================================================== 1.

KALAWATI DEVI W/o Atamdey Saw Resident of Village- Pankara, P.S.- Dumaria, District- Gaya.

2.

RITA DEVI W/o Randhir Prasad Resident of Vilage- Pankara, P.S.- Dumaria, District- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Priya Sharan Singh, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioners are apprehending their arrest in connection with Dumaria P.S. case No.40 of 2020 registered under Sections 498A, 494, 313 of the Indian Penal Code. Allegation against the petitioners is of committing torture and assault upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.61837 of 2021(2) dt.17-12-2021 2/3 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is mother-in-law and petitioner No.2 is sister-in-law of the victim. There is no medical examination report in support of offence under Section 313 of I.P.C. Except for offence under Section 313 of I.P.C., rest of the offences are triable by the Magistrate. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Shri Subhas Kumar, J.M. 1st class, Sherghati, District Gaya in connection with Dumaria P.S. case No.

Patna High Court CR. MISC. No.61837 of 2021(2) dt.17-12-2021 3/3 Procedure.

(Sudhir Singh, J) Narendra/- U T