Sandhya Tiwari @ Sandhya Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71241 of 2022 Arising Out of PS. Case No.-842 Year-2022 Thana- DANAPUR District- Patna ====================================================== SANDHYA TIWARI @ SANDHYA KUMARI Wife of Late Rajesh Tiwary Resident of Mohalla- Kali Mandir Colony, R.P.S. More, P.S- Danapur, DistPatna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Madhu Malti Kumari Wife of Akshay Kumar @ Rishu, D/o Uday Narayan Singh Resident of Mohalla- Shastri Nagar (Back of K.V. Shahay High School) P.S- Shastri Nagar, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Advocate For the Opposite Party/s :
Dr. Kumar Uday Pratap, APP For the Informant :
Mr.Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-04-2023 Heard learned counsel appearing on behalf of the petitioner, learned Additional Public Prosecutor appearing on behalf of the State and learned counsel for the Informant. The accused/petitioner is named in F.I.R and apprehending her arrest in connection with Danapur P. S. Case No. 842 of 2022 registered for the offences punishable under Sections 341, 323, 379, 504, 506, 498-A/34 of the Indian Penal Code read with 3/4 of the Dowry Prohibition Act. The allegation against the petitioner is to commit cruelty upon informant, along with other co-accused persons/family members, due to non-fulfillment demand of
Patna High Court CR. MISC. No.71241 of 2022(2) dt.29-04-2023 2/3 dowry as raised for Rs. 2 Lacs. It is also alleged that an attempt was made to kill her by pouring kerosene oil. Learned counsel appearing on behalf of the petitioner submitted that petitioner is mother-in-law and her implication is said reason only. It is submitted that husband of informant, namely, Akshay Kumar @ Rishu, has already been granted anticipatory bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 68920 of 2022 vide order dated 10.04.2023. It is further submitted that petitioner living separately without having no connection with daily and domestic affairs with informant and her husband. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent.
Learned APP duly assisted by learned counsel for the informant, while opposing the prayer of bail conceded that petitioner is mother-in-law.
Considering the aforesaid facts and circumstances, as petitioner is mother-in-law and living separately, accordingly above named petitioner, in the event of her arrest or surrender before learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.71241 of 2022(2) dt.29-04-2023 3/3 amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Danapur, Patna/concerned Court, in connection with Danapur P. S. Case No. 842 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T