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Patna High CourtCR. MISC./6704/2019bail granted

Khushbu Kumari And ORS v. The State Of Bihar

2019-02-08Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6704 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- AWTARNAGAR District- Saran ======================================================

1. Khushbu Kumari, Aged about 20 years, Female,

2. Veena Kumari, Aged about 22 years, Female, Daughters of Mohan Singh

3. Sunaina Devi, Aged about 60 years, Female, Wife of Mohan Singh

4. Vinay Singh @ Vinay Kumar, Aged about 35 years, Male,

5. Bholu Singh, Aged about 18 years, Male, Both sons of Mohan Singh,

6. Mohan Singh, Aged about 65 years, Male, Son of Late Lagandeo Singh All Residents of Village/Mohalla - Sekhpura, P.S.- Rivilganj, District - Saran (Chapra) ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Pramod Kumar, Advocate For the Opposite Party :

APP For the Informant :

Mr. Naushad Akhtar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 448, 307, 498(A) and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act registered in connection with Awtar Nagar P.S. Case No. 226 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the entire gamut of allegations are against the husband of the informant and there is no specific allegation against these petitioners who have been implicated merely because they are variously related to him. The petitioners claim clean antecedents.

4. Learned APP assisted by learned counsel for the informant appearing suo motu opposes the anticipatory bail petition.

5. Be that as it may, in the event of the petitioners' arrest

Patna High Court Cr.Misc. No.6704 of 2019(2) dt.08-02-2019 2/2 or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Awtar Nagar P.S. Case No. 226 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That petitioner nos. 1, 2 and 3 will be well represented and petitioner nos. 4, 5 and 6 shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/Chandran (Vikash Jain, J)