Dauli Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62770 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- RANIYATALAB District- Patna ====================================================== Dauli Kumari (F), aged about 23 years, D/O Arun Kumar, Resident Of Village- Kharagpura, P.S. Rani Talab, District- Patna. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rahul Kumar Singh, Advocate For the Informant : M/S. Samir Kumar, Abhimanyu Deo and Sauravh Singh, Advocates For the State :

Mr. Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Rani Talab P.S. Case No. 27 of 2023 dated 28.01.2023 registered for the offences punishable under Sections 304B/34 of the I.P.C.

3. As per the prosecution case, the sister of the informant was married to the co-accused Nitesh Raj in the year 2020 but she was tortured for dowry and in the month of January, 2023, an information came about her death. The informant has full suspicion that she has been killed.

Patna High Court CR. MISC. No.62770 of 2023(3) dt.22-02-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The petitioner has not tortured the informant's sister. It is further submitted that the petitioner is an unmarried sister-inlaw (Nanad) of the deceased. She has no concern with the alleged offence. The husband of the deceased is in custody as stated in paragraph no. 15 of the bail petition. There is general and omnibus allegation against the petitioner. It is further submitted that the deceased was suffering from mental depression as her husband was unemployed while other were earning. The petitioner is a student of B.A. Part-II in M.M. College, Bikram, Patna.

It is further submitted that during investigation and supervision, no witness of the locality or the villagers of the Sasural of the deceased have come forward to support the factum of torture of the deceased or there was ever any demand of dowry. The other co-accused have been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 47498 of 2023 under order dated 11.08.2023. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for

Patna High Court CR. MISC. No.62770 of 2023(3) dt.22-02-2024 3/3 anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Danapur, Patna in connection with Rani Talab P.S. Case No. 27 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T