Rita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70752 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- MAHILA PS District- Darbhanga ====================================================== 1.
Rita Devi W/o- Shivji Sah Village- Kewatsa PO-Benibaag PS- Gayahat District- Muzaffarpur 2.
Shivji Sah Son of Rajgir Sah Village- Kewatsa PO-Benibaag PS- Gayahat District- Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sonam Kumari W/o- Amarjeet Kumar, D/o- Bharat Sah Moh- Naka No-1, Stelaganj Kadirabaad Ps- LNMU Dist- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Kumar, Adv.
For the Opposite Party/s :
Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 10-02-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Mahila P.S. Case no. 57 of 2024 instituted for the offence under Sections 323, 341, 504, 506, 498(A)/34 of the IPC and Section 3 and 4 of the Dowry Prohibition Act.
3. As per allegation in the FIR, petitioners along with other family members have tortured in various ways to the informant due to non-fulfillment of additional dowry demand. Husband in connivance with his parents forcibly got terminated
Patna High Court CR. MISC. No.70752 of 2024(3) dt.10-02-2025 2/3 her pregenancy and thereafter informant's husband disclosed about his extra marital affair with one Pinki Kumari, with whom, he wants to marry. Earlier one complaint case was also registered by the informant against husband and other family members but the same was compromised as husband was ready to keep his wife properly. Later on, after about 15 days, they against started ill treatment with the informant, then the present FIR.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are parents-in-law of the informant and have been falsely implicated in this case. They have never demanded anything from the informant. The sole responsibility to take care of wife is upon husband of the informant. In para 19 of the case diary, there is medical prescription, in which doctor has not found any bodily injury over the body of the informant.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a
Patna High Court CR. MISC. No.70752 of 2024(3) dt.10-02-2025 3/3 period of four weeks from today and in the event of their arrest or surrender in connection with Mahila P.S. Case no. 57 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Darbhanga subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) sushma/- U