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Patna High CourtCR. MISC./12927/2023allowed

Gajendra Sao @ Nepali Sao v. The State Of Bihar

2023-05-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12927 of 2023 Arising Out of PS. Case No.-185 Year-2020 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.

Gajendra Sao @ Nepali Sao Son Of Late Bajari Sao R/V- Musarhi, P.S.- Kurtha, District- Arwal 2.

Suman Kumari @ Suman Devi Wife Of Gajendra Sao @ Nepali Sao R/VMusarhi, P.S.- Kurtha, District- Arwal 3.

Loha Paswan @ Viveka Paswan @ Rupan Paswan Son Of Late Haricharan Paswan R/V- Musarhi, P.S.- Kurtha, District- Arwal ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

PUJA KUMARI Wife of Dularchand Sao R/v- Mahurah, Nawada, P.S.- Buniyadganj, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 120(B), 494 and 498(A) of the Indian Penal Code.

As per the prosecution case, the informant alleged that having conspiracy with each other, the family member of her matrimonial house got married her husband with another girl. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case merely on suspicion due to family members of husband of the informant. The allegation levelled

Patna High Court CR. MISC. No.12927 of 2023(2) dt.11-05-2023 2/2 against the petitioners is not specific rather general and omnibus in nature. He submits that petitioners no. 1 and 2 are parent of the husband of the informant and petitioner no. 3 has no relation with the husband of the informant. He further submits that petitioners have no concern with the family affairs of the informant and there was no good relation among the husband of the informant with his parents due to partition in family. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against these petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Buniyadganj P.S. Case No.185 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.