Sheo Balak Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3770 of 2022 Arising Out of PS. Case No.-473 Year-2021 Thana- PATLIPUTRA District- Patna ====================================================== 1.

Sheo Balak Saw, son of Late Karu Sao.

2.

Malti Devi, Wife Of Shri Sheo Balak Saw.

Both resident of House No.12/84, North Patel Nagar, Gokul Path, Near Gaya Singh Khatal, P.S.- Patliputra, District-Patna. 3.

Sarita Rani @ Sabita Rani, wife of Shri Prasoon Kumar, resident of Village , P.O. And P.S.- Sohsarai, District- Nalanda ... ... Petitioners

Versus

1.

The State of Bihar.

2.

Sima Devi, wife of Shri Ashok Kumar, Resident of House No. 12/84, North Patel Nagar, Gokul Path, Near Gaya Singh Khatal, P.S.- Patliputra, DistrictPatna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Amrit Abhijat, Advocate For the Opposite Party :

Mr. Rajesh Kumar, APP For the Opp. Party No.2 :

Mr. Bijay Shankar Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-04-2022 Heard learned counsel for the parties.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Patliputra P.S. Case No. 473 of 2021 registered for the offences under Sections 498-A/323/504 of the Indian Penal Code. The petitioners are father-in-law, mother-in-law and married sister-in-law of the of the opposite party no.2.

Patna High Court CR. MISC. No.3770 of 2022(4) dt.11-04-2022 2/3 The husband of opposite party no. 2 and petitioner no.1 are personally present in the Court.

It has been submitted by petitioner no.1, who is father in law of the opposite party no.2, that the opposite party no.2 is staying in a flat in her matrimonial home itself. The petitioner no.1 has offered to pay a maintenance amount of Rs.5,000/- per month to the opposite party no.2.

Considering the aforesaid facts and also the fact that there are allegations and counter allegations made by the parties against each other, which cannot be decided in the present proceeding, this anticipatory bail application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-X-cumSub Judge, X, Patna, in connection with Patliputra P.S. Case No. 473 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner no.1 shall pay maintenance of Rs.5,000/- per month to the bank account of opposite party no.2

Patna High Court CR. MISC. No.3770 of 2022(4) dt.11-04-2022 3/3 by 10th of every month. The maintenance amount of Rs.5,000/- for the month of April, 2022 shall be paid by 10.05.2022. The opposite party no.2 shall provide her bank account details to the petitioner no.1 or his advocate immediately. In failure to pay the aforesaid amount of maintenance to the opposite party no.2, this order shall automatically stand canceled and the petitioners shall be taken into custody.

(Sandeep Kumar, J) pawan/- U T