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Patna High CourtCR. MISC./12981/2020bail granted

Sarita Devi v. The State Of Bihar

2020-03-05Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12981 of 2020 Arising Out of PS. Case No.-353 Year-2015 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

Sarita Devi Wife of Lal Babu Giri @ Lal Bahadur Giri Resident of VillageInarwa Bazar, P.S.- Mainatand/Inarwa, District- West Champaran. 2.

Mandeep Giri Son of Inar Giri Resident of Village- Kunwachainpur, P.S.- Raxaul, District- East Champaran.

3.

Ramdeni Giri Son of Inar Giri Resident of Village- Kunwachainpur, P.S.- Raxaul, District- East Champaran.

4.

Pavitar Giri @ Pavitar Kumar Giri Son of Ramdeni Giri Resident of VillageKunwachainpur, P.S.- Raxaul, District- East Champaran. 5.

Brishan Giri @ Bishana Giri Son of Late Bhairo Giri Resident of VillageKunwachainpur, P.S.- Raxaul, District- East Champaran. 6.

Garaju Giri @ Garju Giri S/o Late Dhodha Giri Resident of VillageKunwachainpur, P.S.- Raxaul, District- East Champaran. 7.

Sangeeta Devi Wife of Ramdeni Giri Resident of Village- Kunwachainpur, P.S.- Raxaul, District- East Champaran.

8.

Raushan Giri Son of Ramdhani Giri Resident of Village- Kunwachainpur, P.S.- Raxaul, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Lalbabu Giri @ Lal Bahadur Giri Son of Late Kapildeo Giri Resident of Village- Inarwa Bazar, P.S.- Mainatar/Inarwa O.P., District- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in Complaint Case No. C-353 of 2015 corresponding to

Patna High Court CR. MISC. No.12981 of 2020(2) dt.05-03-2020 2/3 Sessions Trial No. 3068 of 2017, registered for the offence punishable under Sections 406, 420, 323 and 120B of the Indian Penal Code.

It is submitted that petitioners have falsely been implicated in this case due to village politics. All the allegation levelled in the complaint petition is false and concocted. Sarita Devi petitioner no. 1 has lodged Raxaul P.S. Case No. 279 of 2015 against the complainant of the present case and others for the offences under Sections 366, 420, 368, 370, 371 and 376 of the IPC, thereafter, the complainant has filed the present case with false and concocted allegation. Sarita Devi petitioner no. 1, is legally married wife of the petitioner no. 2 Mandeep Giri and she never married with the complainant, as alleged and so the petitioners have not committed any offence. Petitioners have got clean antecedent.

Considering the facts aforesaid, the petitioners above-named in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East

Patna High Court CR. MISC. No.12981 of 2020(2) dt.05-03-2020 3/3 Champaran in connection with Complaint Case No. C-353 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T