Lalita Devi @ Lalita v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72835 of 2023 Arising Out of PS. Case No.-412 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.
Lalita Devi @ Lalita Wife Of Dinesh Prasad R/O Village- Mishrouliya, P.S.- Chiraiya, District- East Champaran, Motihari 2.
Dinesh Rai @ Dinesh Prasad Son Of Late Kishun Rai R/O VillageMishrouliya, P.S.- Chiraiya, District- East Champaran, Motihari ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Ritu Kumari Wife Of Sudip Prasad, D/O Awadh Kishor At Present R/O Village- Mathiya Turaha Toli, P.S.- Chhautani, District- East Champaran, Motihari ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Trial No. 1337 of 2022 arising out of complaint case no. 412 of 2021, instituted for the offence punishable under Sections 498A and 323/34 of the IPC.
3. There is allegation of torture and oppress due to non fulfillment of demand for dowry by the accused persons,
Patna High Court CR. MISC. No.72835 of 2023(2) dt.09-11-2023 2/3 including the present petitioners, who are mother-in-law and father -in-law of the complainant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Petitioner no. 1 is the mother-in-law of the complainant and petitioner no.2 is the father-in-law of the complainant. Petitioners are living separately from the husband of the complainant. It is next highlighted that husband of the complainant, namely, Sudip Kumar has already been privileged with anticipatory bail vide order dated 28-09-2022 passed in Cr. Misc. 35921 of 2022. The petitioners have no criminal antecedents, as per statement made in para 3 of the bail petition.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender before the learned Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM East Champaran, Motihari, in connection with Trial No. 1337 of 2022 arising out of complaint case no. 412 of
Patna High Court CR. MISC. No.72835 of 2023(2) dt.09-11-2023 3/3 2021, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) shyambihari/- U T