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Patna High CourtCR. MISC./13874/2022bail granted

Narayan Mishra @ Tej Narayan Mishra v. The State Of Bihar

2022-08-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13874 of 2022 Arising Out of PS. Case No.-122 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== 1.

NARAYAN MISHRA @ TEJ NARAYAN MISHRA Son of Late Pankhi Mishra Resident of Village- Ramjaipal nagar , P.s.- Rupaspur, Distt.- Patna. 2.

Nayan Prakash Tiwary Son of Alakh Nath Tiwary Resident of VillageDurva Yaswant Viva Township, P.S.- Vasai, Distt- Nala Sopara, Maharashtra. 3.

Vijay Tiwary @ Vijay Prakash Tiwary Son of Alakh Tiwary Resident of Village- Kathal Mor, P.s.- Pandra, Distt.- Ranchi, Jharkhand 4.

Sarita Sharma W/o Pramod Sharma Resident of Village- Anmol Garden Complex, P.s.- West Kalyan, Distt.- Thane, Maharashtra. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Kumari W/o late Niraj Kumar Mishra , D/o Bachcha Maharaj Resident of Village- Mitra Mandal Colony, Anisabad, P.s.- Gardanibagh, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 498(A)/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. Petitioners are accused of dowry and ill treatment on refusal to meet the demand of dowry. Petitioner no. 1 is brother of father-in-law, petitioners no. 2 & 3 are brothers of mother-inlaw and petitioner no. 4 is sister of mother-in-law of the informant/O.P.-2.

Patna High Court CR. MISC. No.13874 of 2022(2) dt.17-08-2022 2/2 It is submitted on behalf of petitioners that specific accusation of commission of torture is against husband of the informant namely Niraj Kumar Mishra. So far as petitioners are concerned, there is general and omnibus allegation. Petitioners are separate in mess & property and have got no concern with the matrimonial affairs of informant and her husband. It is further submitted that Ramayan Mishra (father-in-law) and Pramila Mishra (mother-in-law) have already been granted anticipatory bail by a coordinate Bench of this Court, vide order dated 24.08.2020 passed in Cr.Misc. No. 842 of 2020.

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-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Patna in connection with Mahila P.S. Case No. 122 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.