Patna High CourtCR. MISC./64839/2023bail granted

Dharamsheela Devi v. The State Of Bihar

2023-10-18Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64839 of 2023 Arising Out of PS. Case No.-472 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Dharamsheela Devi Wife Of Late Yogendra Giri Resident Of VillageShreerampur, Ps- Bihta, Distt- Patna 2.

Santosh Kumar Giri @ Guddu Kumar Giri Son Of Late Yogendra Giri Resident Of Village - Shreerampur, Ps- Bihta, Distt- Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

Sandhaya Kumari Wife Of Shailendra Giri daughter of Nagendra Puri Resident Of Village- Chandmari Road, Chutkula Gali, Po- Lohiyanagar, PsKankarbagh, Dist- Patna-20 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chhote Lal Mishra, Adv.

For the State :

Mr.Nagendra Prasad, Adv.

For the Informant :

Mr. Uttam Kumar Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-10-2023 Heard learned counsel for the petitioners, learned counsel for the informant and the learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Complaint Case No. 472 ( C) of 2022 registered for the offence punishable under Sections 498A of the Indian Penal Code and Section 4 of the D.P. Act.

3. There is allegation of torture and mistreatment due to non fulfillment of demand for dowry by the accused persons, including the present petitioners, who are father-in-law and brother-in-law (Bhaisur) of the alleged victim.

Patna High Court CR. MISC. No.64839 of 2023(2) dt.18-10-2023 2/3

4. It is submitted by the petitioners' counsel that the victim and her husband are separate in mess and worship having no concern with the present petitioners. On account of their hostile terms, the petitioners have been implicated by virtue of their relationship. It is submitted that this is a sequel to the false implications, the first arising being Bihta P.S. Case No. 10 of 2023.

5. Learned counsel for the informant and learned APP for the State have opposed the prayer for bail. It is submitted that there is direct allegation against the petitioners.

6. Considering the rival submissions, this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioners' counsel. Prayer for anticipatory bail is allowed.

7. Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released 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 SDJM, Patna, in connection with Complaint Case No. 472 ( C) of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with

Patna High Court CR. MISC. No.64839 of 2023(2) dt.18-10-2023 3/3 following conditions:

(i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U