Allowed

Irawati Devi @ Indrawati Devi v. The State Of Bihar

Patna HC8 Dec 2017CR. MISC./56629/2017

Case brief

AI extract

What is this about?

Petitioner, mother of the accused suitor in a dowry dispute case, approached the High Court for anticipatory bail fearing arrest. Finding no overt acts alleged against her, the court granted leave to move against arrest on bail.

What did the court decide?

Anticipatory bail granted; petitioner allowed to move against arrest on furnishing Rs. 10,000 bond with two sureties of similar amount.

Irawati Devi @ Indrawati Devi Vs The State Of Bihar — Matrimonial and Divorce | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.56629 of 2017

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Arising Out of PS.Case No. -340 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI)

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======================================================

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Irawati Devi @ Indrawati Devi W/o Sri Awadh Bihari Prasad, R/o Mohalla- Gupta Market, Raja Bazar, Bailey Road, P.S.- Air Port, DistrictPatna.

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.... .... Petitioner/s

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Versus

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The State of Bihar

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Mr. Sri Amrendra Prasad

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====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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3 08-12-2017 Heard learned counsel for the petitioner, learned counsel for the informant and the State.

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The petitioner apprehends arrest in Ghorasahan P.S. Case No. 340 of 2015 instituted for the offence under Sections 406, 420, 506/34 of the Indian Penal Code and Section 3 /4 of Dowry Prohibition Act.

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Counsel for the petitioner has submitted that the petitioner is the mother of the boy with whom the informant has fixed the marriage.

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In the written report, it is alleged that the informant negotiated the marriage of his daughter with Sudhir Nayan, son of the petitioner and the engagement ceremony was also held, but

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Patna High Court Cr.Misc. No.56629 of 2017 (3) dt.08-12-2017

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thereafter, the date of marriage was not finally finalized as the boy made demand of Rs. ten lacs as dowry.

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Learned counsel for the informant opposed the prayer of anticipatory bail of the petitioner.

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From the written report, it appears that there is no allegation of overt act against the petitioner.

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In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/(ten thousand) with two sureties of the like amount each in connection with Ghorasahan P.S. Case No. 340 of 2015 to the satisfaction of learned S.D.J.M., East Champaran, subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution

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Patna High Court Cr.Misc. No.56629 of 2017 (3) dt.08-12-2017

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will be at liberty to move for cancellation of bail of the petitioner.

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(Sanjay Priya, J)

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ajay gupta/-

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U T

Irawati Devi @ Indrawati Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Irawati Devi @ Indrawati Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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