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Patna High CourtCR. MISC./69362/2022allowed

Geeta Devi v. The State Of Bihar

2023-02-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69362 of 2022 Arising Out of PS. Case No.-308 Year-2021 Thana- BARH District- Patna ====================================================== 1.

GEETA DEVI Wife of Yogendra Ram R/v- Khilwat (Kalauth), P.S. and District - Vaishali at Hajipur 2.

NISHU DEVI @ ISHU KUMARI D/o Yogendra Ram R/v- Khilwat (Kalauth), P.S. and District - Vaishali at Hajipur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

AARTI DEVI D/o Ashok Das R/o Dalisamanchak, P.S.- Barh, DistrictPatna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Arvind Kumar Pandey (App 84) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard both sides.

The petitioners apprehend their arrest in connection with Barh P.S. Case No.308 of 2021, registered for the offences punishable under Sections 498(A), 494 and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The petitioners and other co-accused persons are said to have tortured the informant mentally and physically for nonfulfillment of demand of additional dowry. It is also alleged that the husband of the informant solemnized second marriage with Nishu Devi, petitioner no.2.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.69362 of 2022(2) dt.28-02-2023 2/2 present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that petitioners are second wife and mother of second wife of husband of the informant. It is also submitted that there is general and omnibus allegation against the petitioners. It is further submitted that the husband of the informant is already in judicial custody as stated in paragraph-17 of the bail petition. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st, Barh, District Patna in connection with Barh P.S. Case No.308 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.