Veena Sharma @ Veena Rai @ Veena Rani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48215 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- MAHILA THANA District- Begusarai ====================================================== 1.
VEENA SHARMA @ VEENA RAI @ VEENA RANI Wife of Prafulla Chandra Choudhary Resident of Mohalla- Sri Krishnapuri, Ward No.-21 (Shanichara Sthan), P.S.- Begusarai Town, District- Begusarai. 2.
Prafulla Chandra Choudhary Son of Late Gorelal Chaudhary Resident of Mohalla- Sri Krishnapuri, Ward No.-21 (Shanichara Sthan), P.S.- Begusarai Town, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners, being the parents of husband of the victim, are apprehending arrest in a case registered for the offences punishable under Sections 323, 341, 504, 498A, 494, 34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.
The prosecution case got initiated on the basis of written report of Nutan Singh submitted before the Station House Officer, Begusarai Mahila Police Station is to the effect that the marriage of the informant, Nutal Singh, was performed with coaccused, Amit Kumar on 12.05.2006 and subsequently they
Patna High Court CR. MISC. No.48215 of 2019(24) dt.02-08-2019 2/3 were blessed with a male child, but subsequent to the marriage, there was further dowry demand of a Scorpio vehicle and due to non-fulfillment of the same, torture was inflicted upon the informant. Ultimately, in the year 2012, the informant was driven out from the matrimonial house after snatching all her belongings. It is further alleged that on 26.05.2019, the husband of the informant performed second marriage and thereafter on 28.05.2019 when the informant went to her in-laws house, all the accused persons assaulted the informant. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the petitioners. Moreover, the thrust of accusation is against the husband of the informant.
It is submitted by learned counsel for the informant that the accusation is specific against the petitioners and they persuaded the husband in performance of second marriage, moreover, they also did not allow the informant to enjoy the peaceful married life.
Considering the thrust of accusation against the husband of the informant coupled with statement made in
Patna High Court CR. MISC. No.48215 of 2019(24) dt.02-08-2019 3/3 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 or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Begusarai Mahila P.S. Case No.9 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T