Laxmi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76998 of 2023 Arising Out of PS. Case No.-2278 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.
LAXMI DEVI W/O RAJENDRA DAS RESIDENT OF MINAPUR, PS. TOWN, DIST. VAISHALI 2.
RAJENDRA DAS S/O LATE DANGAR DAS RESIDENT OF MINAPUR, PS. TOWN, DIST. VAISHALI ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
PRIYA KUMARI W/O RAJU KUMAR RESIDENT OF MINAPUR, PS. TOWN HAJIPUR, DIST. VAISHALI ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vasant Vikas, Advocate For the Opposite Party/s :
Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-03-2024 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Complaint Case No. 2278 of 2022 for the offence under Sections 498(A) of the I.P.C. and under Section 3/4 of the Dowry Prohibition Act, lodged on 28.03.2022 by the informant, Priya Kumari.
3. As per the prosecution story, the complainant alleged that in the year 2016, she got married to one Raju Kumar (son of petitioners herein) but was always tortured for dowry. The said torture continued after the couple was blessed with a female child and in the year 2018, she was forced to
Patna High Court CR. MISC. No.76998 of 2023(5) dt.19-03-2024 2/3 move to her parent's home though the Minapur Police Station upon complaint got her back to the in-laws house, within four days she was again kicked out. Accordingly, the complaint.
4. Learned counsel for the petitioners submit that they are mother-in-law and father-in-law, nothing to do with the acrimony between the couple, being parents of the Raju Kumar (husband) got implicated in the present case and have no criminal antecedent.
5. Learned APP opposes the prayer.
6. In view of the fact that they are parents nothing to do with the acrimony between the couple, FIR lodged ultimately they will be facing the trial, this Court is inclined to extend them privilege of anticipatory bail of the petitioners.
7. Let the petitioners be released on bail in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna Sadar, Patna in connection with Complaint Case No. 2278 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member
Patna High Court CR. MISC. No.76998 of 2023(5) dt.19-03-2024 3/3 of the petitioners who shall provide official document to show their bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself; (iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
8. With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J) Adnan/- U T