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Patna High CourtCR. MISC./72428/2024bail granted

Janki Kuwar v. The State Of Bihar

2024-11-26Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72428 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- MAHILA P.S. District- Rohtas ====================================================== 1.

Janki Kuwar Wife of Late Rameshwar Chandravanshi Residence of Village - Bhartiganj, P.S.- Sasaram (Town), District - Rohtas, Bihar 2.

Rina Devi Wife of Shantosh Kumar R/o Village - Morsaray, P.S.- Sheosagar, District - Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjali Kumari Daughter of Arun Chandravanshi Residence of Village - Jamuhara, P.S.- Tilouthu, District - Rohtas, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2024

1. Heard learned counsel for the parties.

2. The petitioners in this application pray for bail apprehending their arrest in connection with Mahila P.S. Case no.25 of 2023 registered for the offence punishable under sections 498A, 323 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

3. As per the prosecution case, the informant states that she was married to the petitioner on 11.5.2018. After sometime of the marriage, the accused persons started making a demand of Rs. 1 lakh by way of dowry and also started to assault her. She was ousted from her matrimonial house. She

Patna High Court CR. MISC. No.72428 of 2024(3) dt.26-11-2024 2/3 had two sons from the said wedlock. The accused persons forcibly retained her articles as also kept one of her sons with them.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case for the reason that they happen to be mother-in-law and sister-in-law of the informant. They have no concern with the family affairs of the informant and her husband. The husband of the informant namely Neeraj Kumar has been enlarged on bail vide order dated 21.9.2024 passed in Cr. Misc. no.63312 of 2024. The petitioners who are ladies have no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioners in the FIR, the relationship of the petitioners with the informant, grant of bail to co-accused husband namely Neeraj Kumar vide aforesaid order dated 21.9.2024 and the petitioners who are ladies not having any criminal antecedent, it is directed that both the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in

Patna High Court CR. MISC. No.72428 of 2024(3) dt.26-11-2024 3/3 connection with Mahila P.S. Case no.25 of 2023 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Rohtas at Sasaram.

(Partha Sarthy, J) Saurabh/- U T