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Patna High CourtCR. MISC./58653/2023allowed

Manoja Devi v. The State Of Bihar

2023-12-14Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58653 of 2023 Arising Out of PS. Case No.-114 Year-2020 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== 1.

MANOJA DEVI wife of Sunil Yadav Village- Mitan Bigha Ps- Okarai Distjehanabad 2.

Sunil Yadav son of Late Dwarika Yadav Village- Mitan Bigha Ps- Okarai Dist- jehanabad 3.

Ashok Prasad @ Ashok Kumar son of Sunil Yadav Village- Mitan Bigha PsOkarai Dist- jehanabad 4.

Priya Kumari wife of Vikash Prasad Yadav Village- Manjhauli Ps- Masaurhi Dist- Patna 5.

Geeta Devi @ Rita Devi wife of Satyendra Yadav @ Sikandar Prasad Village- Baghnar Ps- Dhanarua Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithvi Nath Mishra, Adv.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP.

Mr. Anil Kumar Singh, Adv.

Mr. Satyendra Prasad Singh, Adv.

Mr. Samil Kumar Bharti, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 341, 504, 498 A, 494 of the Indian Penal Code and Section 4 of the D.P. Act.

3. All the F.I.R. named accused persons including this petitioners, on non-fulfillment of demand of dowry, in

Patna High Court CR. MISC. No.58653 of 2023(4) dt.14-12-2023 2/3 furtherance of the common intention are said to have tortured the complainant physically and mentally and ousted her from her matrimonial home.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners are in-laws of the complainant. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They have no concern with the daily affairs of the complainant and her husband. It is further submitted that husband of the complainant is already in judicial custody. Petitioner have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the complainant opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as husband of the complainant is already in judicial custody, 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

Patna High Court CR. MISC. No.58653 of 2023(4) dt.14-12-2023 3/3 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 Complaint Case No. 114(C) of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T