Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65166 of 2023 Arising Out of PS. Case No.-695 Year-2022 Thana- DHANARUA District- Patna ====================================================== RINKU DEVI WIFE OF KRISHNA PRASAD VILLAGE- CHAK SIRIYA, PS- DHANARUA, DISTT- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lallu Prasad, Advocate For the Opposite Party/s :
Mr.Binod Kumar NO. III, APP For the Informant :
Mr. Indeshwari Pd. Mandal Advocate Mr. Ashish Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with ABP No. 6549 of 2023 arising out of Dhanarua P.S. Case No. 695 of 2022 registered under Sections 498A, 304B, 201 and 34 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act lodged on 18.11.2022 by the informant, S. Prasad.
3. As per the prosecution story, the informant alleged that his daughter was married to Raj Kumar in the year, 2022 but was always tortured for dowry and later came to know that she has been killed. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that petitioner is the mother-in-law nothing to do with the couple,
Patna High Court CR. MISC. No.65166 of 2023(3) dt.27-02-2024 2/3 she is an aged lady of 60 years, was separated with the couple immediately after their marriage and the last submission is that the husband is in custody since, 15.04.2023 (as stated in paragraph-12 of the petition).
5. Learned counsel appearing on behalf of the informant opposes the prayer stating that as a mother-in-law her role cannot be overlooked.
6. Considering the submissions put forward by the parties as also the husband is in custody, she is an aged lady, FIR lodged and will be ultimately facing the trial, this Court is inclined to grant her privilege of anticipatory bail.
7. Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 695 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.65166 of 2023(3) dt.27-02-2024 3/3 (ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T