Patna High Court
Case Details
Patna High Court Cr.Misc. No.3733 of 2013 (7) dt.17-06-2013 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3733 of 2013 ====================================================== 1. Smt. Seema Singh @ Bobby Kumari Wife Of Sri Ashutosh Kumar 1. The State Of Bihar Versus .... .... Petitioner/s .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.5297 of 2013 ====================================================== 1. Malti Devi W/O Ram Bilash Singh .... .... Petitioner/s 1. The State Of Bihar Versus
Legal Reasoning
Court to appear before this Court in person for conciliation. On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail of the petitioners submitting that there is specific allegation of torturing as well as demand of dowry against the petitioners in Cr. Misc. No. 5297 of 2013 and Cr. Misc. No. 19416 of 2013 and the aforesaid allegation is supported by the injury reports of informant which is evident from perusal of para 70 of the case diary. He further submitted that after institution of the first information report, police issued requisition regarding the injury of the informant and, therefore, it is apparent that police official also found injuries on the person of informant. He submitted that on the basis of requisition of the police, the medical officer of Patna High Court Cr.Misc. No.3733 of 2013 (7) dt.17-06-2013 5 Primary Health Centre, Choutham examined the informant and after that he referred the informant for better treatment and that is the reason the medical officer of Primary Health Centre, Choutham prepared two reports. He also submitted that after the above stated reference, the informant was examined by Dr. Ram Naresh Singh who also found injuries on the person of informant. Regard being had to the facts and circumstances of the case as well as submissions of the parties, petitioners in Cr. Misc. No. 3733 of 2013 and Cr. Misc. No. 5297 of 2013 are admitted to anticipatory bail and accordingly, it is ordered that both the above stated petitioners, namely, Smt. Seema Singh @ Bobby Kumari and Malti Devi, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Choutham P.S. Case No. 119 of 2012 subject to condition as laid down under Section 438(2) of the Cr.P.C. So far as prayer for anticipatory bail of petitioner in Cr. Misc. No. 19416 of 2013 is concerned, the above stated petitioner as well as informant are directed to appear before this Patna High Court Cr.Misc. No.3733 of 2013 (7) dt.17-06-2013 6 court in person on 22.07.2013 at about 04:10 P.M. In the meantime, no coercive steps shall be taken against the petitioner in Cr. Misc. No. 19416 of 2013 in connection with Choutham P.S. Case No. 119 of 2012 till further order of this Court. Let Cr. Misc. No. 19416 of 2013 be listed on 22.07.2013 at 04:10 P.M. in my Chamber. SHAHZAD/- (Hemant Kumar Srivastava, J)
Arguments
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.19416 of 2013 ====================================================== 1. Gopal Ji Singh S/O Sri Ram Bilash Singh .... .... Petitioner/s 1. The State Of Bihar Versus .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 7 17-06-2013 All the above stated petitions arise out of Choutham P.S. Case No. 119 of 2012 registered for the offences punishable under Sections 341, 323, 504, 307, 498 A/34 of the Indian Penal Code and ¾ of Dowry Prohibition Act. Since all the above stated petitions arise out of same P.S. case, a common order is being passed in all the above stated petitions. Patna High Court Cr.Misc. No.3733 of 2013 (7) dt.17-06-2013 2 Petitioner in Cr. Misc. No. 3733 of 2013, namely, Smt. Seema Singh @ Bobby Kumari is married sister in law, petitioner in Cr. Misc. No. 5297 of 2013, namely, Malti Devi is mother in law and petitioner in Cr. Misc. No. 19416 of 2013, namely, Gopal Ji Singh is husband of the informant. Allegedly, petitioners and other accused subjected the informant into cruelty and harassment on account of non fulfilment of illegal demand and on one occasion, petitioner in Cr. Misc. No. 5297 of 2013 as well as other accused attempted to commit the murder of informant by putting rope around her neck and pulling the said rope but on account of intervention of some witnesses the life of informant could be saved. Learned counsel for the petitioners submits that so far as petitioner in Cr. Misc. No. 3733 of 2013 is concerned, she is married sister in law of the informant and resides with her husband at Delhi and moreover, no specific overt-act has been attributed against her except that she used to pass sarcastic comments against the informant. Learned counsel for the petitioners submits that petitioner in Cr. Misc. No. 5297 of 2013 is said to be mother in law of the informant and it is alleged that she not only tortured the informant but also attempted to commit the murder of informant Patna High Court Cr.Misc. No.3733 of 2013 (7) dt.17-06-2013 3 but as a matter of fact, the aforesaid prosecution story is a concocted story. He further submits that own uncle of the informant was local MLA and very influential person and he managed the entire documents and got instituted the instant case. To fortify the aforesaid contention, he submitted that according to prosecution case itself, the informant was got admitted in a medical college and hospital by her husband and her husband used to give financial assistance to the informant for her study. He further submitted that informant’s husband is an engineer and presently he is working in America and there is no financial crunch to him and, therefore, question of demand of dowry does not arise. He also submits that so far as injury reports of informant are concerned, as a matter of fact, the aforesaid injury reports are manufactured and engineered documents. He further submits that injury reports of informant have been prepared by a private doctor and when she was referred to Primary Health Centre, Choutham, the father of informant insisted upon the doctor to refer the informant for better treatment and on account of aforesaid reason, the doctor of Primary Health Centre, Choutham referred the informant for better treatment and after that a private doctor issued the injury report of the informant. Learned counsel for the petitioners further submits Patna High Court Cr.Misc. No.3733 of 2013 (7) dt.17-06-2013 4 that no doubt, petitioner in Cr. Misc. No. 19416 of 2013 is husband of the informant and there is wild allegation of torturing against him but as a matter of fact, petitioner is still ready to keep the informant with him with full honour and dignity and it is informant, who herself does not want to lead her conjugal life with the petitioner in Cr. Misc. No. 19416 of 2013. He further submits that to save the married life of petitioner in Cr. Misc. No. 19416 of 2013 as well as informant, this Court should take step to patch up the dispute of the parties and the informant be directed by this