Dharmshila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79181 of 2023 Arising Out of PS. Case No.-199 Year-2023 Thana- LAURIA District- West Champaran ====================================================== 1.
Dharmshila Devi Wife Of Umesh Pandey Resident Of Village- Pandpatti, Police Station- Lauriya, District- West Champaran. 2.
Umesh Pandey Son Of Late Bankelal Pandey Resident Of VillagePandpatti, Police Station- Lauriya, District- West Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Goldi Devi Wife Of Niraj Pandey @ Niraj Kumar Resident Of VillagePandapatti, Police Station- Lauriya, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate.
For the Opposite Party/s :
Mr. Mukesh Kumar Singh, 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 connection with Lauriya P.S. Case No. 199 of 2023 dated 12.07.2023 registered for the offence punishable under Sections 323, 498A, 504, 506 read with 34 of the Indian Penal Code and Sections 3 & 4 of the D.P. Act.
Patna High Court CR. MISC. No.79181 of 2023(2) dt.23-01-2024 2/3
4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of Rs. 2 lakh and a motorcycle 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 the mother-in-law whereas the petitioner no.2 is the father-in-law of the informant. It is further submitted that the petitioners neither demanded any dowry nor tortured the informant. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 7.
Considering the aforesaid facts and circumstances of the case, 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
Patna High Court CR. MISC. No.79181 of 2023(2) dt.23-01-2024 3/3 satisfaction of the learned court concerned, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 199 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