Pooja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79186 of 2023 Arising Out of PS. Case No.-244 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

Pooja Kumari Daughter of Shailesh Singh @ Shailesh Kumar Singh Resident of Village - Chhotka Manjha, Police Station - Mairwa, District - Siwan 2.

Abhinash Singh @ Golu @ Avinaash Singh Sonof Shailesh Singh @ Shailesh Kumar Singh Resident of Village - Chhotka Manjha, Police Station - Mairwa, District - Siwan 3.

Shailesh Singh @ Shailesh Kumar Singh Son of Late Harinarayan Singh Resident of Village - Chhotka Manjha, Police Station - Mairwa, District - Siwan 4.

Indu Devi Wife of Shailesh Singh @ Shailesh Kumar Singh Resident of Village - Chhotka Manjha, Police Station - Mairwa, District - Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Soni Kumari Wife of Abhishek Singh Resident Of Village - Chhotka Manjha, Police Station - Mairwa, District - Siwan. at Present Daughter of Jai Prakash Pandey, Resident of Village - Pakdimaar @ Pakdiyaar, P.S. - Mirganj, District - Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Setu Prateek, Advocate.

For the Opposite Party/s :

Mr. Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-01-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in

Patna High Court CR. MISC. No.79186 of 2023(2) dt.23-01-2024 2/3 connection with Mirganj P.S. Case No. 244 of 2023 dated 24.06.2023 registered for the offence punishable under Sections 498A of the Indian Penal Code and Sections 3 & 4 of the D.P. Act.

4. As per the prosecution case, the petitioners are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of four wheeler vehicle as dowry.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. It is further submitted that the petitioner no.1 is sister-in-law, the petitioner no.2 is brotherin-law, the petitioner no.3 is father-in-law and the petitioner no.4 is mother-in-law of the informant and they have no any concern with the informant and her husband Abhishek Singh has separate residence and means of livelihood and these petitioners have been falsely implicated in this case only as a consequence of dispute between the husband and the wife. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

Patna High Court CR. MISC. No.79186 of 2023(2) dt.23-01-2024 3/3

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners. 7.

Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gopalganj in connection with Mirganj P.S. Case No. 244 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T