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Patna High CourtCR. MISC./10234/2024allowed

Rani Devi v. The State Of Bihar

2024-07-31Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10234 of 2024 Arising Out of PS. Case No.-953 Year-2021 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== 1.

Rani Devi Wife Of Late Ajay Singh Resident Of Saraiya, P.S. - Dariyapur, District - Saran 2.

Kajal Kumari Daughter Of Late Ajay Singh Resident Of Saraiya, P.S. - Dariyapur, District - Saran 3.

Ankit Kumar Singh Son Of Late Ajay Singh Resident Of Saraiya, P.S. - Dariyapur, District - Saran ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

Shalini Kumari Wife Of Aman Kumar Singh, D/O. Satyendra Prasad Singh Resident Of Village - Khoksa Bujurg, P.S. - Desari, District - Vaishali, Presently Residing At - House Of Sachidanand Singh, Village - Digghi Kala East, Thana - Sadar, Hajipur, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2024 Heard Mr. Jitendra Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.

2. The opposite party no. 2 is appearing in person, but she has not appeared in the Court today.

3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 498A, 313 of the Indian Penal Code and 3, 4 of the D.P. Act and Section 67 of the I.T. Act.

Patna High Court CR. MISC. No.10234 of 2024(3) dt.31-07-2024 2/3

4. As per the prosecution case, the petitioners along with other co-accused persons are said to have tortured and assaulted the opposite party no. 2 due to non-fulfillment of dowry demand.

5. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The petitioners are in-laws of the opposite party no. 2. He submits that the opposite party no. 2 does not want to continue her marriage and she herself left the matrimonial home. He further submits that there is no specific overt act against the petitioners. Petitioners have one criminal antecedent as mentioned in para-3 of this application.

6. Learned APP for the State opposes prayer for anticipatory bail.

7. Having regard to the facts and circumstances of the case and the nature of the offence, 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

Patna High Court CR. MISC. No.10234 of 2024(3) dt.31-07-2024 3/3 like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Complaint Case No.953 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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