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Patna High CourtCR. MISC./15762/2024allowed

Bijendra Pandey @ Vijendra Pandey v. The State Of Bihar

2024-03-13Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15762 of 2024 Arising Out of PS. Case No.-458 Year-2023 Thana- KHAGAUL District- Patna ====================================================== 1.

Bijendra Pandey @ Vijendra Pandey Son of Late Rishikesh Pandey R/o Raj Nagar, Yaduvanshi Colony, Gali No.03, P.G.S. More, P.S.- Khagaul, DistrictPatna 2.

Sushila Devi W/o Bijendra Pandey @ Vijendra Pandey R/o Raj Nagar, Yaduvanshi Colony, Gali No.03, P.G.S. More, P.S.- Khagaul, District- Patna ... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP.

For the Informant :

Mr. Bijoy Prakash, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in connection with Khagaul P.S. Case No.458 of 2023 instituted under Sections 341, 323, 354, 337, 34 of the Indian Penal Code.

3. As per the prosecution case, the informant married to son of the petitioners in the year 2020. Since after the marriage all the accused persons including the petitioners have been harassing the informant in the name of dowry. It is stated that on 16.10.2023 when the informant returned to her house in Patna from her parental house, both the petitioners started beating her and attacked with a view to kill her.

4. Learned counsel for the petitioners submits that petitioners are father-in-law and mother-in-law of the informant.

Patna High Court CR. MISC. No.15762 of 2024(2) dt.13-03-2024 2/2 He further submits that there is matrimonial dispute between the informant and her husband and the petitioners have no concern with the family affairs of the informant and her husband. Learned counsel submits that the informant is residing in the house of petitioners and the petitioners are not residing in the house where the informant is residing. He further submits that informant has lodged two criminal cases against the petitioners due to matrimonial disputes.

5. Learned A.P.P. for the State as well as learned counsel for the informant opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-V, Danapur, Patna in connection with Khagaul P.S. Case No.458 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Ritik/- U T