Sabita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74668 of 2024 Arising Out of PS. Case No.-193 Year-2021 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Sabita Devi Widow of Late Suresh Choudhary Resident of VillageMachariyawan, P.O.- Bankipur, P.S.- Fatuha, Distt.- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priyanka Kumari D/O- Ram Ishwar Choudhary, Wife of Anil Kumar Resident of Village- Atasarai, P.O.-P.S.- Islampur, Distt.- Nalanda ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Anukriti Jaipuriyar :
Mr. Anshuman Jaipuriyar For the Opposite Party/s :
Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-11-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Complaint Case No. 193 of 2021, disclosing offences under Sections 498-A, 307, 494, 34 of the Indian Penal Code.
3. As per the prosecution case, complainant is wife of Anil Kumar (Husband) and their marriage took place on 29.11.2017 according to hindu rituals and thereafter she went to her matrimonial house with her ornaments and many other house-hold goods. Complainant stayed at her matrimonial house for four years and in the meanwhile, one son namely Aditya Raj
Patna High Court CR. MISC. No.74668 of 2024(2) dt.13-11-2024 2/3 was born. It has further been alleged that after marriage, complainant learnt that her husband is handicapped when she saw that some amount was received through government in account of her husband due to his disability and when she inquired about the same, tension started and she was tortured by her family members. It has further been alleged that during covid lockdown, complainant's husband married another lady and left contact with her and thereafter, complainant was living in her maika with her son.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. The petitioner is mother-in-law of the complainant. She next submits that complainant willingly left her matrimonial home with all her belongings and for some ulterior motive lodged this present complaint. She next submits that in the complaint itself, there is no allegation of demand of dowry against the petitioner. She further submits that there is general and omnibus allegation against the petitioner.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is general and omnibus allegation against the petitioner and the petitioner is mother-in-law, I am inclined to grant the petitioner
Patna High Court CR. MISC. No.74668 of 2024(2) dt.13-11-2024 3/3 privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate III, 1st Class, Hilsa, Nalanda, in connection with Complaint Case No. 193 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T