Shanti Mishra @ Santi Mishra And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19952 of 2015 Arising Out of PS.Case No. -241 Year- 2013 Thana -LALIT NARAYAN MITHILA UNIVERSITY District- DARBHANGA ======================================================

1. Shanti Mishra @ Santi Mishra,W/o Late Radha Kant Mishra

2. Deji Mishra @ Daizy Mishra, W/o Sajan Mishra @ Sajan Kumar Mishra

3. Sajan Kumar Mishra @ Sajan Mishra, S/o Late Radhe Kant Mishra All are Resident of Mohalla English Lakhisarai, Police Station and District Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar,Advocate For the Opposite Party/s : Mr. Ram Naresh Roy(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-07-2015 Heard learned counsel for the petitioners and the learned counsel for the State.

The petitioners are apprehending their arrest in connection with L.N.M.U. P.S. Case No.241 of 2013 for allegedly having committed the offences under Sections 341, 342, 323, 498A, 406, 420, 504 and 120B of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioners submits that in fact, the present case has been engineered only for obtaining partition from joint family.

Considering the fact that the petitioners have been living separately from the complainant since long even from

Patna High Court Cr.Misc. No.19952 of 2015 (2) dt.09-07-2015 2/2 the date the husband of the complainant was alive and that there appears to be some family disputes, let all the three petitioners, above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released 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 the learned Chief Judicial Magistrate, Darbhanga, in connection with L.N.M.U. P.S. Case No.241 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is, however, made clear that the petitioners will not harass the complainant in any manner so as to cause any further mental anguish in future.

It will be open to the complainant to approach this Court for appropriate orders if at all there is recurrence of any untoward incident.

(Anjana Mishra, J) PNM U T