Sudarshan Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11488 of 2023 Arising Out of PS. Case No.-92 Year-2021 Thana- MAHILA P.S. District- Bhojpur ====================================================== 1.
SUDARSHAN PANDEY Son of Late Shivdas Pandey R/o MohallaSarvoday Nagar, H.No. 631/95/31, Amitabh Bachhan Road, Gali No. 2, Dist- Allahabad (Uttar Pradesh) 2.
Sumitra Pandey Wife of Sudarshan Pandey R/o Mohalla- Sarvoday Nagar, H.No. 631/95/31, Amitabh Bachhan Road, Gali No. 2, Dist- Allahabad (Uttar Pradesh) 3.
Alankrita Pandey Daughter of Sudarshan Pandey R/o Mohalla- Sarvoday Nagar, H.No. 631/95/31, Amitabh Bachhan Road, Gali No. 2, DistAllahabad (Uttar Pradesh) 4.
Kusum Mishra Wife of Mithilesh Mishra and Daughter of Sudarshan Pandey R/o Jawahar Navodaya School, Mohamadpur, Farukh Nagar, Dist- Gurgaon, Haryana 5.
Ajay Upadhyay Son of Shiv Upadhyay R/o Self Ved Vihar Loni Gaziabad, F-2, C-223, Dist- Ghaziabad (U.P) 6.
Archana Pandey Wife of Ajay Upadhyay and Daughter of Sudarshan Pandey R/o Self Ved Vihar Loni Gaziabad, F-2, C-223, Dist- Ghaziabad (U.P) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Swati Mishra Wife of Late Abhishek Pandey and Daughter of Anil Kumar Mishra R/o Mohalla- Mahajan Toli, No. 1, Arah Near Pataleshwar Mandir , Ara, P.S- Nagar, Ara Nagar, Dist- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prince Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap,APP Mrs.Archana Shahi,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2023 Heard learned counsel for the parties.
The petitioners apprehend their arrest in a case registered for the offence under Sections 498(A), 406, 420, 34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.11488 of 2023(2) dt.28-04-2023 2/3 Allegation against petitioners is of commission of torture and cruelty to the informant for dowry. Petitioners no. 1 & 2 are father-in-law and mother-inlaw, petitioner no. 3 is unmarried sister-in-law, petitioners no. 4 & 6 are married sister-in-law and petitioner no. 5 is brother-inlaw of the informant. It is submitted on behalf of petitioners that there is no specific allegation of illegal demand against these petitioners. They are living separately in Gurgaon and Ghaziabad and have got no concern with the informant. It is further submitted that husband of informant is already died due to COVID on 27.04.2021 and only due to property dispute, this false and concocted case has been lodged against petitioners. Learned A.P.P.
for the State and learned counsel for the informant/OP-2 opposed the prayer for bail of petitioners. However, considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhojpur (Ara) in connection with Mahila P.S. Case No.
Patna High Court CR. MISC. No.11488 of 2023(2) dt.28-04-2023 3/3 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T