Mohini Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60295 of 2024 Arising Out of PS. Case No.-1185 Year-2022 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Mohini Devi W/O Late Jai Mangal Sharma R/O Village- Gourigama, P.SMahnar, Distt.- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Monika Devi W/O Sudhir Kumar Sharma, D/O Om Prakash Sharma A/P residing at Village- Jalaal Basant, P.S- Garakha, Distt.- Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganesh Prasad Singh For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 498A, 379, 323, 504, 506 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the complainant alleges that she was married to Sudhir on 27.06.2017 and after marriage, the accused persons including the petitioner started demanding Rs. 2 lacs by way of dowry and on account of non-fulfilment of the demand it is alleged that she

Patna High Court CR. MISC. No.60295 of 2024(2) dt.30-09-2024 2/3 was tortured and even attempt was made to immolate her and on 15.01.2022, she was ousted from her matrimonial home.

4. The learned counsel for the petitioner submits that petitioner, being mother-in-law, has been falsely implicated in the instant case by the complainant. It is further submitted that whenever any dispute arises in between the husband and the wife, the entire family members are implicated in a mechanical manner with general, omnibus and ornamental allegations. It is further submitted that petitioner is a widow and stays apart from the husband of the complainant.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000 /- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 1185 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.60295 of 2024(2) dt.30-09-2024 3/3

7. The application stands allowed.

(Satyavrat Verma, J) Sudhanshu/- U T