Paspati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57587 of 2023 Arising Out of PS. Case No.-540 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

PASPATI DEVI W/o Bhukhal Sah Resident of Village-Sareya Pipra, P.S.- Govindganj, District-East Champaran 2.

BHUKAL SAH S/o Late Ganesh Sah Resident of Village-Sareya Pipra, P.S.- Govindganj, District-East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RANI DEVI W/o Sunil Sah, D/o Ramod Sah Resident of Village-Purvi Kargahiya, P.S.-Muffasil (Bettiah), Distt-West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subodh Kumar Barnwal For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341/323/324/307/498A/120(B)/34 of the IPC and 3⁄4 Dowry Prohibition Act.

3.

As per the prosecution case, the informant has been tortured by the F.I.R. named accused persons including the petitioners for demand of dowry.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No

Patna High Court CR. MISC. No.57587 of 2023(2) dt.12-10-2023 2/2 such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. They have never made any dowry demand and they were living separately from the informant and her husband. It is further submitted that petitioners are the in-laws of the informant and the specific allegation is against the husband of the informant. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Govindganj P.S. Case No.540 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T