Jyoti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61668 of 2023 Arising Out of PS. Case No.-353 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.

JYOTI KUMARI WIFE OF VIDYA PRASAD RESIDENT OF VILLAGEKHARKHURA LOKO GATE NAWADA, PS- DELHA, DIST- GAYA 2.

VICKY KUMARI @ PINKI DEVI WIFE OF SATENDRA BHAGAT RESIDENT OF VILLAGE- KHARKHURA LOKO GATE NAWADA, PSDELHA, DIST- GAYA 3.

RAM PATI DEVI @ RAM PARI DEVI WIFE OF SURENDRA MAHTO @ SURENDRA PRASAD RESIDENT OF VILLAGE- KHARKHURA LOKO GATE NAWADA, PS- DELHA, DIST- GAYA 4.

MITHLESH KUMAR SON OF SURENDRA PRASAD RESIDENT OF VILLAGE- KHARKHURA LOKO GATE NAWADA, PS- DELHA, DISTGAYA 5.

SURENDRA MAHTO @ SURENDRA PRASAD SON OF LATE CHHEDI MAHTO RESIDENT OF VILLAGE- KHARKHURA LOKO GATE NAWADA, PS- DELHA, DIST- GAYA ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-10-2023 Heard Mr. Prithivi Raj Singh, learned counsel for the petitioners and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 498A and 306/34 of the Indian Penal Code.

3. Petitioners are in-laws of the informant. The allegation against the petitioners is that the informant was subjected to demand of dowry and on account of non-fulfillment of the same, she was tortured in various ways resulting into lodging of the present F.I.R.

Patna High Court CR. MISC. No.61668 of 2023(2) dt.06-10-2023 2/2

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are in-laws of the informant and they have no concern with the day to day affairs of the informant or her husband. The husband of the victim is already in judicial custody as stated in para-11 of this application. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, 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 lower Court where the case is pending/successor Court in connection with Buniyadganj P.S. Case No.353 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T