Sona Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65861 of 2022 Arising Out of PS. Case No.-130 Year-2022 Thana- BHORE District- Gopalganj ====================================================== Sona Devi W/o Bali Yadav R/v- Siswa, P.S.- Bhorey, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kalindi Devi W/o Ajay Yadav R/v- Siswa, P.S.- Bhorey, District- Gopalganj At present R/v- Hardiya, P.S.- Bhorey, District- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Prasad Bhakta, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, as pointed out by the office, be removed within a period of four weeks from today. In the present case, the petitioner is apprehending his arrest in connection with Bhore P.S. Case No. 130 of 2022, registered for the alleged offence under Sections 341, 323, 498A, 494, 504/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

As per prosecution case, the petitioner is the motherin-law of the informant and allegation is that of torture and cruelty on account of demand of dowry. It is also alleged that the husband of the informant solemnized second marriage.

Patna High Court CR. MISC. No.65861 of 2022(2) dt.03-04-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The allegation against the petitioner is false and concocted. There is no specific allegation against the petitioner and there appears a demand of bullet motorcycle from the FIR, for which, the petitioner has no concern. The son of the petitioner namely co-accused Ajay Yadav, husband of the informant, is already in custody. Learned counsel further submits that there is matrimonial dispute and the petitioner and other co-accused persons who are family members of the husband of the informant have been falsely arraigned in this case. Learned A.P.P. for the State opposes the prayer for bail.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that the petitioner is stated to be the mother-in-law of the informant and there appears no specific allegation against her, let the petitioner, above named, in the event of her arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.65861 of 2022(2) dt.03-04-2023 3/3 Chief Judicial Magistrate, Gopalganj/concerned court in connection with Bhore P.S. Case No. 130 of 2022 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T