Saroj Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16281 of 2021 Arising Out of PS. Case No.-81 Year-2018 Thana- RIVILGANJ DistrictSaran ====================================================== 1.
SAROJ DEVI W/o Dhanji Singh R/o Village/Mohalla- Nayaka Barka Baiju Tola, P.S.- Rivilganj, District- Saran at Chapra (Bihar) 2.
Pinki Kumari D/o Dhanji Singh R/o Village/Mohalla- Nayaka Barka Baiju Tola, P.S.- Rivilganj, District- Saran at Chapra (Bihar) 3.
Yuvraj Singh @ Tinku S/o Dhanji Singh R/o Village/Mohalla- Nayaka Barka Baiju Tola, P.S.- Rivilganj, District- Saran at Chapra (Bihar) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mamta Singh @ Anushka W/o Arvind Kumar Singh, D/o Mithilesh Kumar Singh Resident at House No. C/323, Prabhunath Nagar, Near Shiv Mandir, P.O.- Tadhi, P.S.- Chapra (Muffassil), District- Saran at Chapra (Bihar) ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Rakesh Kumar, Advocate For the State :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-08-2021 Heard learned counsel for the petitioners and learned APP for the State through video conference. Learned counsel for the petitioners has filed an undertaking that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.
2. The petitioners have renewed their prayer for
Patna High Court CR. MISC. No.16281 of 2021(2) dt.04-08-2021 2/3 anticipatory bail in connection with Rivilganj P.S. Case No. 81 of 2018 for the offences alleged under Sections 498(A), 313, 379, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, having earlier been rejected by order dated 19.02.2019 in Cr. Misc. No. 68246 of 2018.
3. Learned counsel for the petitioners submits that there is subsequent development in the case after the earlier rejection order. The husband of the informant Arvind Kumar Singh has since been granted bail by order dated 14.02.2020 in Cr. Misc. No. 21908 of 2019 (Annexure-4). It is pointed out that the accusation of assault was omnibus against the husband of the informant and the petitioner nos. 1 and 2. There is no accusation of assault as far as petitioner no. 3 is concerned. It is further submitted that chargesheet has been submitted after completion of investigation after finding the allegation under Section 313 of the Indian Penal Code to be false. The petitioners claim clean antecedents.
4. Learned APP appears and has been heard.
5. Be that as it may, in the event of petitioners' arrest or surrender before court below within six weeks from the date of communication of this order, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Saran at
Patna High Court CR. MISC. No.16281 of 2021(2) dt.04-08-2021 3/3 Chapra in connection with Rivilganj P.S. Case No. 81 of 2018, if they are not otherwise required in any other case.
6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Vikash Jain, J) Ibrar/- U T