Kaili Devi And ORS v. The State Of Biharand ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10065 of 2019 Arising Out of PS. Case No.-1815 Year-2017 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.
KAILI DEVI Wife of Late Bhakur Mandal @ Prakash Mandal 2.
Banti Mandal Son of Late Bhakur Mandal @ Prakash Mandal 3.
Abhishekh Mandal Son of Late Bhakur Mandal @ Prakash Mandal All are resident of Village - Ganoura Badarpur, P.S.- Nath Nagar, District - Bhagalpur.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Boby Kumari Daughter of Nageshwar Mandal Resident of Basantpur Mahadeosthan, P.S.- Lodipur, District - Bhagalpur (Complainant). ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Jha For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-05-2019 Heard learned counsel for the parties.
The petitioners are apprehending their arrest in connection with Complaint Case No.C-1815 of 2017 , registered for offences punishable under Sections 494, 498A, 504, 506, 420 of the Indian Penal Code.
Allegation against the petitioners is of subjecting the Opposite Party No.2 (wife) of cruelty with respect to demand. It appears that the petitioner nos. 2 and 3 have already been granted bail by a Co-ordinate Bench of this Court vide order dated 20.22.019 passed in the instant case and the case of the petitioner no.1 (Kaili Devi) was kept pending and a notice was issued to the O.P.no.2, however, it appears that in spite of
Patna High Court CR. MISC. No.10065 of 2019(5) dt.07-05-2019 2/2 notice O.P.no.2 has not appeared.
Submission of the learned counsel for the petitioners is that the allegation against the petitioner no.1 is general and omnibus in nature and nothing specific has been attributed against him.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner no.1 (Kaili Devi) in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Bhagalpur in connection with Complaint Case No.C-1815 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the aforesaid direction, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T