Raj Kumari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70876 of 2022 Arising Out of PS. Case No.-102 Year-2022 Thana- TELHARA District- Nalanda ====================================================== RAJ KUMARI DEVI Wife of Philendra Mistri Resident of Village - Dabiyawan, P.S.- Telhara, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar For the Opposite Party/s :
Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner submits that he has filed a supplementary affidavit on 02.03.2023, in para-4 of which he has stated that after framing of charge, prosecution has examined two witness i.e. P.W.-1 Babita Devi, mother of the informant, and P.W.-2 Sarita Sharma, informant herself, and both witnesses have stated in their deposition that they have got not grievances against the accused persons named in the FIR.
Office is directed to find out the same and keep it on record.
Patna High Court CR. MISC. No.70876 of 2022(2) dt.14-03-2023 2/3 The petitioner apprehends her arrest in a case registered for the offences punishable under Section 376 of the Indian Penal Code and Section 04/06 of the POCSO Act and Section 3⁄4 of the D.P. Act.
As per prosecution case, the informant was married to the petitioner's son. It is alleged that she has made pressure on her son to leave the informant. It is further alleged that she along with other accused have made dowry demand. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. She has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that, as per the statement made at the trial, there is no specific overt act against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposes prayer for bail.
Considering the facts and circumstances of the case and the statement made at the trial, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of
Patna High Court CR. MISC. No.70876 of 2022(2) dt.14-03-2023 3/3 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Tilhara P.S. Case No. 102 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T