Allowed

Kamni Kumari v. The State Of Bihar

Patna HC27 Apr 2018CR. MISC./25847/2018

Case brief

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What is this about?

The High Court at Patna granted anticipatory bail to Kamni Kumari, charged under various sections of the IPC including 498A and 304B of Dowry Prohibition Act, directing her to surrender within six weeks and comply with statutory conditions.

What did the court decide?

Anticipatory bail granted subject to surrender within six weeks, furnishing bail bond of Rs. 10,000 and two sureties of like amount to CJM Sitamarhi.

Kamni Kumari Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25847 of 2018

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Arising Out of PS. Case No.-364 Year-2017 Thana- PUPRI District- Sitamarhi

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

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Kamni Kumari, Daughter of Rameshwar Das, Resident of village- Jaitpur (Pupri), P.S.- Pupri, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Zainul Abedin ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 27-04-2018

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is apprehending her arrest in a case registered under Sections 341, 323, 379, 498A, 504, 506, 494 and 34 of the Indian Penal Code and ¾ of Dowry Prohibition Act.

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Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is alleged to be second wife of the husband of the victim. She has falsely been implicated in the

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Patna High Court Cr.Misc. No.25847 of 2018(2) dt.27-04-2018 2/2

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present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182 .

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On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Pupri P.S. Case No. 364/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Pankaj/-

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U T

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(Sudhir Singh, J)

Kamni Kumari v. The State Of Bihar

Case brief

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Kamni Kumari v. The State Of Bihar

Case brief

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