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Patna High CourtCR. MISC./77535/2023allowed

Lakshmi Devi v. The State Of Bihar

2023-12-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77535 of 2023 Arising Out of PS. Case No.-624 Year-2023 Thana- DANAPUR District- Patna ====================================================== 1.

LAKSHMI DEVI WIFE OF RAJU SHARMA RESIDENT OF VILLAGE - TARACHAK, P.S. - DANAPUR, DISTRICT - PATNA 2.

RAJU SHARMA SON OF BASUDEO SHARMA RESIDENT OF VILLAGE - TARACHAK, P.S. - DANAPUR, DISTRICT - PATNA 3.

KARISHMA KUMARI @ KARISHMA SHARMA WIFE OF JAICKY SHARMA RESIDENT OF VILLAGE - TARACHAK, MIRACHAK, P.S. - ARA, DISTRICT - BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Niwas Prasad For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 498A, 406 and 506 of the Indian Penal Code.

3. Allegedly, the petitioners are said to have tortured and assaulted the informant on the pretext of non-fulfillment of demand for dowry.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.77535 of 2023(2) dt.02-12-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that the petitioners are the in-laws and family members of the informant. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each 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 Danapur P.S. Case No.624 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T