Narayan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15732 of 2022 Arising Out of PS. Case No.-2 Year-2020 Thana- SIMRA District- Aurangabad ====================================================== 1.

NARAYAN MAHTO S/o Late Raghunath Mahto Resident of VillageBairaon, P.O. Pandariya, P.S.- Simra, District- Aurangabad. 2.

Pana Devi W/o Narayan Mehta Resident of Village- Bairaon, P.O. Pandariya, P.S.- Simra, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP Mr.Niranjan Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 498(A), 494 of the IPC. Allegedly, the informant in compliance of the Court's order came to her matrimonial house but the petitioners started assaulting her and are not ready to keep her. It is alleged that her husband performed second marriage.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.15732 of 2022(3) dt.18-10-2022 2/2 They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The petitioners are father-in-law and mother-in-law of the informant and have nothing to do with the affairs of the husband of the informant as they are living separately. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners have one criminal antecedent. Learned APP for the State as well as learned counsel for the informant have opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Simra P.S. Case No.02 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.