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Patna High CourtCR. MISC./20383/2021bail granted

Anjani Devi v. The State Of Bihar

2021-07-01Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20383 of 2021 Arising Out of PS. Case No.-720 Year-2016 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== 1.

Anjani Devi W/O Late Suresh Prasad Lal Resident Of Mohalla- Gangta Kurd , Godda, P.S- Nagar, Dist- Godda, State- Jharkhand -814133 2.

Prajesh Kumar @ Prajesh Kumar Sinha @ Brajesh Kumar @ Jhunnu Son Of Late Suresh Prasad Lal Resident Of Mohalla- Gangta Kurd , Godda, P.SNagar, Dist- Godda, State- Jharkhand -814133 ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rima Sinha D/O Chandra Shekhar Sinha W/O Late Rajesh Ranjan Residing At Dharhara, P.S- Dharhara, Dist- Munger, State- Bihar - 811212 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajni Kant Jha, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections 498A/34 of the Indian Penal Code. Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry.

Patna High Court CR. MISC. No.20383 of 2021(2) dt.01-07-2021 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner No.1 is the mother-in-law and petitioner No.2 is the Bhaisur of the victim. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of Shri Bimlesh Kumar, J.M. 1st class, Munger in connection with Complaint case No.720(C) of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will

Patna High Court CR. MISC. No.20383 of 2021(2) dt.01-07-2021 3/3 furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T