Sudhir Ram And ORS. v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16699 of 2019 Arising Out of PS. Case No.-209 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

SUDHIR RAM AND ORS. Son of Chaitan Ram, Resident of VillageSildiliya, P.S.-Dumariya, District- Gaya. 2.

Chaitan Ram @ Chetan Ram Son of Ramdeo Ram, Resident of VillageSildiliya, P.S.-Dumariya, District-Gaya. 3.

Shanti Devi W/o Chaitan Ram, Resident of Village-Sildiliya, P.S.-Dumariya, District-Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjani Kumari D/o Jagdish Ram, Wife of Sudhir Ram, Resident of VillageSildiliya, P.S.-Dumariya, District-Gaya, At present resident of VillageRajwaliya, P.O.-Gotibandh, P.S.-Dumariya, District-Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 Petitioners seek bail in anticipation of their arrest in connection with Complaint Case No. 209 of 2018 in which cognizance has been taken under Section 498A of the Indian Penal Code.

As per FIR there is allegation against the petitioners, who happen to be husband, father-in-law and mother-in-law of the informant, that they have demanded Rs.2 lac and for that they tortured her and ousted her from the house. On appearance of opposite party No.2 the matter was

Patna High Court CR. MISC. No.16699 of 2019(7) dt.16-11-2019 2/3 referred to the Mediation and Conciliation Centre and it appears that mediation failed.

Submission of learned counsel for the petitioners is that as a matter of fact a panchayati was held in which opposite party No.2 admitted that she has affair with another person and they have decided to live separately and in support of that he has some document that she is residing with another person separately. On the other hand, learned counsel for opposite party No.2 has opposed the prayer on the ground that all along opposite party No.2 is ready to reside with the petitioners but petitioners are not ready to keep her.

Heard learned APP also.

In view of above facts and circumstances, this application is disposed of with direction to petitioner No.1 to surrender in the court below and pray for regular bail. So far petitioner Nos. 2 and 3 are concerned, in the event of arrest or surrender, they shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sri Gautam Kumar, Judicial Magistrate, 1st Class, Sherghati at Gaya, in connection with Complaint Case No. 209 of 2018, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.16699 of 2019(7) dt.16-11-2019 3/3 the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T