The Patna High Court granted anticipatory bail to the petitioner, apprehending arrest in a dowry-related case punishable under various IPC sections, directing surrender within six weeks and furnishing a bail bond.
Anticipatory bail granted contingent on surrender within six weeks and furnishing a bail bond of Rs. 25,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4410 of 2022
Arising Out of PS. Case No.-128 Year-2021 Thana- HAJIPUR SADAR District- Vaishali
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LAXAMI DEVI Wife of Munna Singh Resident of Village- Nawrangabad, P.S.- Sadar Hajipur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 26-07-2022
Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
The petitioner apprehends her arrest in a case registered for the offence punishable under section 147, 148, 149, 341, 323, 324, 307, 504, 506, 379 of the Indian Penal Code and ¾ of the Dowry Prohibition Act.
Allegedly, the petitioner along with other co-accused persons assaulted the informant by means of iron rod due to
Patna High Court CR. MISC. No.4410 of 2022(2) dt.26-07-2022 2/3
non-fulfillment of demand for dowry.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The petitioner is the mother-in-law of the informant and the allegation leveled against the petitioner is not specific rather general and omnibus in nature. The injuries are simple in nature. Similarly situated co-accused has been granted bail by this court in Cr. Misc.No. 4124 of 2022 vide order dated 13.07.2022. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case since the injuries are simple in nature, let the above named petitioner be released on bail, in the event of her 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor
Patna High Court CR. MISC. No.4410 of 2022(2) dt.26-07-2022 3/3
Court in Hajipur Sadar P.S. Case No. 128 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
shikha/- U T
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail apprehending arrest in a dowry case involving IPC offences.
1 provisions across 1 enactments
Laxami Devi
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
