Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17652 of 2020 Arising Out of PS. Case No.-697 Year-2018 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

URMILA DEVI Wife of Babunand Yadav Resident of Village Bhairopur, P.S. Bhatani, P.O. Ghati, District Deoria (Uttar Pradesh). 2.

Babunand Yadav Son of Ramdatt Yadav Resident of Village Bhairopur, P.S. Bhatani, P.O. Ghati, District Deoria (Uttar Pradesh). 3.

Jiwan Yadav Son of Babunand Yadav Resident of Village Bhairopur, P.S. Bhatani, P.O. Ghati, District Deoria (Uttar Pradesh). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunita Devi Wife of Ghanshyam Yadav,D/o Chandrabhan Yadav Resident of Village Bhairopur, P.S. Bhatani, P.O. Ghati, District Deoria (Uttar Pradesh). At present residing at Village Sabaiya, P.S. Vijayipur, District Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramadhar Shekhar, Advocate For the State :

Mrs.Asha Kumari, APP For O.P. 2 :

Mr. Alok, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-09-2020 Heard Mr. Ramadhar Shekhar, learned Counsel for the petitioner, Mr. Alok, learned counsel appearing on behalf of the complainant and Mrs. Asha Kumari, learned Additional Public Prosecutor for the State.

The petitioners are apprehending arrest in connection with Complaint Case No.697 of 2018, Trial No. 2230 of 2019 in which cognizance has been taken against the petitioners for the offence under Sections 498A and 323 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners would submit that the petitioner Nos. 1 and 2 are mother-inlaw and father-in-law and petitioner No. 3 is the brother-inlaw. The dispute is between husband and wife-opposite party

Patna High Court CR. MISC. No.17652 of 2020(3) dt.30-09-2020 2/2 no. 2. The husband is not petitioner in this case. The allegation of neglect or torture is precisely against the husband.

Considering the fact that the petitioners are motherin-law, father-in-law and brother-in-law and husband is not petitioner in this case, the Court is inclined to grant bail to the petitioners. Let the petitioners, above named, in the event of arrest or surrender within one month from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) each with two sureties of the like amount each to the satisfaction of the 4th ACJM, Gopalganj in connection with Complaint Case No.697 of 2018, Trial No. 2230 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.

After release of the petitioners, the Court below shall refer the matter to the Mediation Centre with direction to all the parties to appear before the Mediation Centre in order to resolve the dispute between the husband and wife.

(Anil Kumar Upadhyay, J) spandey/- U T