Phooljhari Devi @ Phooljhariya Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74971 of 2018 Arising Out of PS. Case No.-52 Year-2018 Thana- MAHILA PS District- East Champaran ======================================================

1. Phooljhari Devi @ Phooljhariya Devi, Wife of Phulena Rai

2. Phulena Rai, Son of Late Kawal Rai, Both are Resident of Village-Madhopur, P.S.- Turkauliya, Distt.-East Champaran

3. Hardeo Rai, Son of Jokhu Rai Resident of Village-Baragachhi, P.S.- Pipra Kothi, Distt.-East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2019 Heard learned counsels for the petitioners and the State.

The petitioners being the parents and maternal uncle of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341, 342, 323, 325, 504 and 498A of the IPC and Sections 3/4 of the Dowry Prohibition Act.

The prosecution case, as per the written report of Nirmala Devi, dated 25.08.2018, submitted to the Station House Officer, Mahila Police Station, is to the effect that marriage of the informant with co-accused, Jitendra Yadav was performed on 22.04.2012. For some time, the relationship between the them

Patna High Court Cr.Misc. No.74971 of 2018(2) dt.11-01-2019 2/3 was cordial, but subsequently, further dowry demand of Rs. 2 lacs and motorcycle was made and for non-fulfillment of the same, the informant was tortured by the petitioners and other inlaws family members. It is further alleged against the in-laws family members, particularly against the petitioners that they used to cause burn injury with cooking equipment to the informant.

It is submitted by learned counsel for the petitioners that no injury report of the informant has been brought on record to corroborated the accusation of causing burn injury. Thrust of accusation is against the husband of the informant and the accusation against the petitioners is omnibus and general. Learned APP submits that there is specific accusation against the petitioners.

Considering the thrust of accusation against the husband of the informant and the accusation of causing burn injury is not being corroborated by any medical report, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Motihari, East

Patna High Court Cr.Misc. No.74971 of 2018(2) dt.11-01-2019 3/3 Champaran in connection with Mahila P.S. Case No. 52 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T