Priya Kumari @ Priyanka Mishra @ Priyanka Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80032 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- MAHILA PS District- Gopalganj ====================================================== 1.

Priya Kumari @ Priyanka Mishra @ Priyanka Tiwari W/O Mayank Ojha Resident of S24/17, A-D-R-2 Ajay Bihar Colony, Takatapur, PS- Pandeypur, Varanasi, Uttar Pradesh and Daughter of Indu Bhushan Mishra @ Indubhushan Tiwari, resident of Village Dighwara, P.S. Bhore, Distt. Gopalganj.

2.

Ashutosh Mishra Son of Indu Bhushan Mishra @ Indubhushan Tiwari Resident of Village Dighwara, P.S. Bhore, Distt. Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sapna Devi Daughter of Birendra Kumar Ojha Resident of Village- Pandey Chakiya, P.S.- Bhore, Distt. Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341/ 342/ 323/ 498A/ 406/ 506/34 of IPC and Section 3/4 of the D.P. Act.

3.

Allegedly, the petitioners along with other co-accused persons have abused and tortured the informant for demand of dowry due to which she became mentally and physically ill. It is further alleged that the accused persons have kept all the jewellary, articles etc.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.80032 of 2024(2) dt.03-12-2024 2/2 Petitioner no. 1 is the married nanad of the informant and petitioner no. 2 is the devar of the informant. Petitioners have been falsely implicated in this case. The allegation leveled against the petitioners are not specific rather general and omnibus in nature. Petitioners have no interference in his family affairs as they are separate in mess and business from the husband of the informant. Petitioners have no criminal antecedent as mentioned in the supplementary affidavit.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case and considering the nature of allegation and the fact that there is no specific overt act attributed 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 Gopalganj (Mahila) P.S. Case No.21 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) priyanka/- U T