Sanju Devi Vs The State Of Bihar — Anticipatory Bail | Patna HC (2024)

Sanju Devi Vs The State Of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all five petitioners (Sanju Devi, Dhananjay Rajak, Basant Rajak, Kedar Rajak, Rubi Devi) in connection with Lakhisarai Mahila P.S. Case No. 33 of 2023, upon arrest/surrender within six weeks, on bail-bond of Rs. 20,000/- each with two sureties of the like amount each, subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Lakhisarai Mahila P.S. Case No. 33 of 2023 (IPC ss. 341, 323, 354, 498A, 494, 504, 506/34), should be enlarged on anticipatory bail.

Court's answer

All five named petitioners are to be enlarged on anticipatory bail in the event of their arrest or surrender within six weeks, on furnishing a bail-bond of Rs. 20,000/- each with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Lakhisarai, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Ratio / Principle

The criminal miscellaneous (anticipatory bail) application stands allowed.

Detailed headnote1 paragraphs

Anticipatory bail — allowed. Five petitioners apprehending arrest in Lakhisarai Mahila P.S. Case No. 33 of 2023 (dt. 17.04.2023), registered under IPC ss. 341, 323, 354, 498A, 494, 504, 506/34 for alleged mental and physical torture of the informant and her ouster from the matrimonial home over a non-fulfilled Rs. 5 lakh dowry demand. Per counsel, allegations against the petitioners were general and omnibus; petitioner no. 1 is the informant's sister-in-law, petitioner no. 2 the husband of the sister-in-law, petitioner no. 3 the cousin father and petitioner no. 4 the cousin father-in-law; petitioners 1–3 stated to have clean antecedents, petitioner no. 4 one criminal antecedent; a similarly situated co-accused had already been granted bail by a co-ordinate bench (order dt. 18.04.2024 in Cr. Misc. No. 21558 of 2024). Considering these facts, the Court directed enlargement of all petitioners on anticipatory bail upon arrest/surrender within six weeks, on a bail-bond of Rs. 20,000/- each with two sureties of the like amount, subject to conditions under s. 438(2) CrPC; application allowed (Chandra Prakash Singh, J).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20703 of 2024

Arising Out of PS. Case No.-33 Year-2023 Thana- MAHILA P.S. District- Lakhisarai

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

Sanju Devi W/o Dhananjay Rajak Not Available

Dhananjay Rajak S/o Bullak Rajak R/o Vill - Chunya, P.S. - Khaira, Dist. - Jamui

Basant Rajak S/o Badri Rajak R/o Vill - Barahpurba, P.S. - Khaira, Dist. - Jamui

Kedar Rajak S/o Dhano Rajak R/o Vill - Sonpe, P.S. - Jamui, Dist. - Jamui

Rubi Devi W/o Rinku Rajak R/o Vill - Ratanpr, P.S. - Gidhaur, Dist. - Jamui

... ... Petitioner/s

Versus

The State Of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Rajnish Chandra For the Opposite Party/s : Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

3 05-07-2024

Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in

connection with Lakhisarai Mahila P.S Case No. 33 of 2023 dated 17.04.2023 registered for the offence punishable u/s 341, 323, 354, 498A, 494, 504, 506/34 of the Indian Penal Code.

As per the prosecution case, the petitioners and the co-accused persons are alleged to have tortured the informant mentally and physically and ousted her from matrimonial home due to non-fulfillment of demand of Rs. 5 lacs as dowry.

Patna High Court CR. MISC. No.20703 of 2024(3) dt.05-07-2024 2/3

Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The Petitioner no. 1 is the sister-in-law, the Petitioner no. 2 is the husband of sister-in-law, the Petitioner no. 3 is the cousin father and the Petitioner no.4 is the cousin father-in-law of the informant. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 18.04.2024 passed in Cr. Misc. No. 21558 of 2024. The petitioner nos. 1, 2 and 3 has clean antecedent however, petitioner no. 4 has one criminal antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai, in connection with Lakhisarai Mahila P.S Case No. 33 of 2023, subject to conditions as laid down under

Patna High Court CR. MISC. No.20703 of 2024(3) dt.05-07-2024 3/3

Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.

(Chandra Prakash Singh, J)

Jyoti/-

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