Hewanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.293 of 2020 Arising Out of PS. Case No.-4895 Year-2016 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

HEWANTI DEVI Wife of Ram Naresh Bhagat, Resident of Village - Haradiya, P.S. - Bhore, District - Gopalganj. 2.

Suman Kumari @ Suman Devi Daughter of Ram Naresh Bhagat, Resident of Village - Haradiya, P.S. - Bhore, District - Gopalganj. 3.

Ganesh Bhagat Son of Ram Naresh Bhagat, Resident of Village - Haradiya, P.S. - Bhore, District - Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vimlawati Devi Wife of Rajesh Bhagat, Resident of Village - Haradiya, P.S.- Bhore, District - Gopalganj, presently as daughter of Sukhdeo Bhagat, Village - Lakshimpur, P.S. - Bhore, District - Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5 For the Opposite Party/s :

Smt. Suman Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-02-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Complaint Case No.4895 of 2016, Trial No.1761 of 2019 registered for offence punishable under section 498A of the Indian Penal Code.

The petitioners are mother-in-law, married sister-in-law and brother-in-law.

Allegation has been made on account of non-fulfulment of demand, they started torturing. From the impugned order it appears that the husband of opposite party no.2 has to pay

Patna High Court CR. MISC. No.293 of 2020(2) dt.25-02-2020 2/2 Rs.5,000/- per month to the opposite party no.2 and on that score, he was granted bail, but later on, he left to pay the compensation amount.

The learned counsel for the petitioners submits that it is a dispute between the husband and wife and the petitioners have wrongly been roped in the present case.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XIV, Gopalganj in connection with Complaint Case No.4895 of 2016, Trial No.1761 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. (Shivaji Pandey, J) Mahesh/- U T