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Patna High CourtCR. MISC./87198/2024bail granted

Sweety Devi v. The State Of Bihar

2025-05-08Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87198 of 2024 Arising Out of PS. Case No.-420 Year-2024 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

Sweety Devi D/o- Ramayodha Singh R/O-Village- Rampur Dakshin Tola, P.S- Madhaura, District- Saran 2.

Babita Devi @ Babita Singh Wife of Ramayodha Singh R/O-VillageRampur Dakshin Tola, P.S- Madhaura, District- Saran 3.

Ramayodha Singh @ Bablu Singh Son of Ramgyas Singh R/O-VillageRampur Dakshin Tola, P.S- Madhaura, District- Saran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushi Kumari Wife of Kunal Singh @ Bittu Singh, D/O- Rajesh Singh R/O-Village- Bajarhiya, P.S- G.B. Nagar, District- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Alka Panday, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. On the last occasion, when the matter was taken up, the notice was issued to the O.P. No.2, which was duly received by her personally, however, there is no appearance on her behalf.

3. The petitioners apprehend their arrest in connection with G.B. Nagar P.S. Case No. 420 of 2024 registered for the offences punishable under Sections 85, 126(2), 303(2) 89 and 351(2) of the BNS.

Patna High Court CR. MISC. No.87198 of 2024(3) dt.08-05-2025 2/3

4. Based upon the written report, the prosecution alleges that the marriage of the O.P. No.2 was solemnized with co-accused Kunal Singh on 07.12.2022. Besides the gifts worth Rs. 6 lacs and other articles, a cash of Rs.5 lacs was also given to the accused persons but they kept on demanding dowry as well as a bullet motorcycle. On account of non-fulfillment of the demand, the O.P. No.2 was tortured in various ways and finally ousted from her matrimonial home. There is further allegation that because of administration of some illicit medicine, she also suffered abortion.

5. Learned counsel for the petitioners specifically contended that the petitioners are none else but the parents-in law and sister-in-law (Nanad), who have no concern with the affairs of the husband and wife. Moreover, there is omnibus nature of allegation against all the family members and the specific allegation has been levelled against the husband of the O.P. No.2, who is primarily duty bound to take care of his wife. Be that as it may, the petitioners bear fair antecedent and they undertake that they will fully cooperate in the proceedings of the Court and abide by the terms and conditions as would be imposed.

6. On the other hand, learned counsel for the State

Patna High Court CR. MISC. No.87198 of 2024(3) dt.08-05-2025 3/3 opposed the bail application and submitted that just within two years of the marriage, the victim was subjected to cruelty over demand of dowry and ousted from her matrimonial home.

7. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioners are in-laws and there is omnibus nature of allegation as also the fact that despite valid service of notice, the O.P. No.2 has chosen not to appear, apart from the fair antecedent, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Siwan in connection with G.B. Nagar P.S. Case No. 420 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) rohit/- U T