Anita Devi @ Soni Devi @ Anita Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55315 of 2023 Arising Out of PS. Case No.-227 Year-2019 Thana- PIRBAHOR District- Patna ====================================================== 1.
ANITA DEVI @ SONI DEVI @ ANITA GUPTA WIFE OF HARISHANKAR PRASAD @ BABLU @ HARISHANKAR GUPTA RESIDENT OF WARD NO.26, NALBAND TOLI, NEAR RELIANCE TREND, P.S. - BUXAR, DISTRICT - BUXAR 2.
HARISHANKAR PRASAD @ BABLU @ HARI SHANKAR GUPTA SON OF LATE HIRALAL GUPTA RESIDENT OF WARD NO.26, NALBAND TOLI, NEAR RELIANCE TREND, P.S. - BUXAR, DISTRICT - BUXAR ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR PATNA 2.
KUMARI PRIYADARSHANI WIFE OF KAPIL DEV JEE GUPTA RESIDENT OF C/O. SAMBHU PRASAD ADVOCATE, MAKHANIYAA GALI, OPPOSITE TO B.N. COLLEGE, P.S. - PIRBAHORE, DISTRICT - PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhukar Anand , Advocate For the Opposite Party/s :
Mr. Khurshid Anwar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-08-2023
1. Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 498A, 341 , 323 of the Indian Penal Code and 3 / 4 of Dowry Prohibition Act.
3. There is allegation of commission of torture and harassment due to non-fulfillment of demand of dowry and also to oust the victim the from her matrimonial house .
4. Petitioner No. 1 is sister-in-law and Petitioner
Patna High Court CR. MISC. No.55315 of 2023(2) dt.24-08-2023 2/2 No. 2 is brother-in-law of the informant . There is general and omnibus allegation of torture and harassment against these petitioners. Thrust of accusation is against the husband of the informant and so far as these petitioners are concerned they are separate in mess and property and have no concern with the affairs of couple.
5. Learned counsel for the O .P . 2 vehemently opposes the bail petition and submits that they are instrumental in ousting the victim from her matrimonial house.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, be enlarged on bail 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 Judicial Magistrate 1st Class , Patna in connection with Pirabahore P . S. Case No . 227 of 2019 , subject to the conditions laid down under section 438 of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Kaushik/- U T