Devanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63897 of 2023 Arising Out of PS. Case No.-28 Year-2022 Thana- ARWAL MAHILA District- Jehanabad ====================================================== 1.

DEVANTI DEVI W/o- LATE ABHAY SINGH Mohalla- Kathara at maner Po-Maner Ps- Maner Dist- Patna 2.

Rishi Kumar son of Late Abhay Singh Mohalla- Kathara at maner Po-Maner Ps- Maner Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nilu Kumari wie of Hrishikesh Kumar, D/o- Surendra Kumar Singh VillageLohar Bigha Po- Sahar Telpa Ps- Karpi Dist- Arwal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Bharat Lal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 323, 341, 504, 506, 313, 498(A)/34 of the Indian Penal Code.

3. Allegation against these petitioners is of commission of torture and assault to the informant due to nonfulfillment of demand of dowry.

4. Petitioner No. 1 is mother-in-law and petitioner No. 2 is brother-in-law of the informant.

5. It is submitted on behalf of the petitioners that there

Patna High Court CR. MISC. No.63897 of 2023(2) dt.16-10-2023 2/2 is general and omnibus allegation against the petitioners. Petitioners are separate in mess and property and they are not concerned with the family affairs of the informant. Thrust of accusation is against husband of the informant who is already in custody. Petitioners claim clean antecedent.

6. Learned A.P.P. for the State vehemently opposes the bail application.

7. Considering the fact that thrust of accusation is against husband of the informant who is already in custody, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged 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 Sub-Divisional Judicial Magistrate, Arwal in connection with Arwal Mahila P. S. Case No. 28 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T