Durga Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63782 of 2021 Arising Out of PS. Case No.-353 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== 1.

DURGA DEVI D/o Late Manna Lal Kamat Resident of Village - Palasi, Ward No.03, P.S.- Narpatganj, Distt.- Araria. 2.

Radha Devi W/o Late Manna Lal Kamat Resident of Village - Palasi, Ward No.03, P.S.- Narpatganj, Distt.- Araria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Mandal For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2022 Heard learned counsel for the parties.

The petitioner apprehends her arrest in a case registered for the offence under Sections 341, 323, 324, 504, 506, 34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

As per the prosecution case, on the alleged date and time of occurrence, these petitioners alongwith co-accused Santosh Kamat assaulted the informant due to non-fulfillment of additional demand of dowry. Petitioner no. 1 is Nanad and petitioner no. 2 is mother-in-law of the informant. It is submitted on behalf of petitioner that thrust of the accusation is against co-accused Santosh Kamat, who is

Patna High Court CR. MISC. No.63782 of 2021(3) dt.22-08-2022 2/2 husband of the informant. Petitioners are separate in mess and property and have got no concern with the family affairs of informant and her husband. The petitioners have relied upon a judgment of this Court, reported in 2006 (3) P.L.J.R. 182 (Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. vs. The State of Bihar).

Learned A.P.P. for the State has opposed the prayer for bail of petitioners.

However, considering the aforesaid facts and circumstances, let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 353 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T