Kiran Devi vs The State Of Bihar
2021 Latest Caselaw 4476 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL MISCELLANEOUS No. 4766 of 2021
            Arising Out of PS. Case No.-39 Year-2020 Thana- MAHILA P.S. District- Patna
      ======================================================

1. Kiran Devi, aged about 50 years, Female, Wife of Sri Anjani Kumar Singh @ Anjani Singh.

2. Anjani Kumar Singh @ Anjani Singh, aged about 55 years, Male, Son of Late Ambika Singh.

Both resident of Mohalla - Bhadani Nagar Chikor, PO + PS - Bhadani Nagar, District - Ramgarh, State - Jharkhand.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

      For the Petitioner/s     :        Mr. Rajesh Kumar Singh, Senior Advocate with
                                        Mr. Anand Kumar, Advocate
      For the State            :        Mr. Md Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-09-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioners, which was

allowed.

3. Heard Mr. Rajesh Kumar Singh, learned senior

counsel along with Mr. Anand Kumar, learned counsel for the

petitioners and Mr. Md. Arif, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

4. The petitioners apprehend arrest in connection with

Mahila PS Case No. 39 of 2020 dated 07.03.2020, instituted under Patna High Court CR. MISC. No.4766 of 2021 dt.04-09-2021

Sections 498A, 504/34of the Indian Penal Code and 3/4 of the

Dowry Prohibition Act, 1961.

5. The allegation against the petitioners is that they had

also at one point of time abused and demanded a four-wheeler

from the informant, who is married to the nephew of the petitioner

no. 2.

6. Learned senior counsel for the petitioners submitted

that in the entire FIR, the allegation is directed towards the father-

in-law, mother-in-law, brother, sister of the husband of the

informant and only by way of a passing reference, it has been

stated that once on Holi, the petitioners had also abused the

informant and had demanded a four-wheeler. Learned senior

counsel submitted that this is a classic case of how all family

members are falsely implicated and the law abused. It was

submitted that there is not even a whisper with regard to any direct

physical or overt act at any point of time except for one isolated

incident, that too highly innocuous, which clearly has been made

to exert undue pressure and implicate and harass the extended

family of the husband of the informant. It was submitted that the

petitioners live separately and have no connection in the affairs of

the informant or her family members, which would be clear from

the fact that they live in a different town. Learned senior counsel Patna High Court CR. MISC. No.4766 of 2021 dt.04-09-2021

while summing up his argument submitted that the petitioners do

not have any other criminal antecedent and further, that even

otherwise, the petitioners could have any interest with regard to

whether or not the father of the informant gave a four wheeler to

her husband as they stood nothing to gain from it.

7. Learned APP submitted that the petitioners are also

said to have abused the informant and demanded a four-wheeler.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

finds that plain reading of the FIR indicates that somehow to make

out an offence, the name of the petitioners have been introduced,

for, in the entire body, there is not even a whisper with regard to

any specific or direct act by them, which does not inspire

confidence. Thus, the Court is inclined to allow the prayer for pre-

arrest bail.

9. Accordingly, in the event of arrest or surrender before

the Court below within six weeks from today, the petitioners be

released on bail upon furnishing bail bonds of Rs. 25,000/-

(twenty five thousand) each with two sureties of the like amount

each to the satisfaction of the learned Judicial Magistrate, 1st

Class, Patna in Mahila PS Case No. 39 of 2020, subject to the

conditions laid down in Section 438(2) of the Code of Criminal Patna High Court CR. MISC. No.4766 of 2021 dt.04-09-2021

Procedure, 1973 and further, (i) that one of the bailors shall be a

close relative of the petitioners and (ii) that the petitioners shall

co-operate with the Court and police/prosecution. Failure to co-

operate shall lead to cancellation of their bail bonds.

10. It shall also be open for the prosecution to bring any

violation of the foregoing conditions by the petitioners, to the

notice of the Court concerned, which shall take immediate action

on the same after giving opportunity of hearing to the petitioners.

11. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T