Beauti Kumari @ Beauty Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71984 of 2024 Arising Out of PS. Case No.-332 Year-2023 Thana- KONCH District- Gaya ====================================================== 1.

Beauti Kumari @ Beauty Kumari D/O- Late Brij Kishor Prasad @ Brij Kishore Singh Resident of Village- Bhui Bigha, P.S.- Guraru, Distt.- Gaya 2.

Niranjan Kumar Son of Late Brij Kishore Prasad @ Late Brij Kishure Singh Resident of Village- Jogipur, P.S.- Konch, Distt.- Gaya 3.

Kanti Devi Wife of Late Brij Kishore Prasad @ Late Brij Kishore Singh Resident of Village- Jogipur, P.S.- Konch, Distt.- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mamta Kumari Wife of Goliver Kumar Resident of Village- Gajipur, P.S.- Konch, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-10-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Konch PS case no. 332 of 2023, disclosing offences punishable under Section 498(A) and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 16.07.2023, marriage of the informant was solemnized with co-accused Goliver Kumar and for about 05 years, she was living peacefully at her matrimonial house but after that, petitioners started torturing and assaulting the

Patna High Court CR. MISC. No.71984 of 2024(2) dt.28-10-2024 2/3 informant for dowry demand of money and golden chain, petitioners and co-accused assaulted the informant by means of lathi, danda and iron rod etc.

4.

Learned Counsel for the petitioners submits that petitioners have falsely been implicated in this case on account of being family members of informant's husband. Learned counsel further submits that general and omnibus allegation of assault and torture has been levelled against the petitioners. He next submits that no independent witness has come forward to support the case of prosecution.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that general and omnibus allegation has been levelled against the petitioners and the petitioners are family members of informant's husband, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released 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 learned J.M. 1st class, Gaya in connection with

Patna High Court CR. MISC. No.71984 of 2024(2) dt.28-10-2024 3/3 Konch PS case no. 332 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T