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Patna High CourtCR. MISC./15833/2022allowed

Sarita Kumari v. The State Of Bihar

2022-04-06Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15833 of 2022 In CRIMINAL MISCELLANEOUS No.21260 of 2021 Arising Out of PS. Case No.-264 Year-2020 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

SARITA KUMARI W/o Ravishankar Singh @ Gano Singh Resident of Village - Barhari, P.s.- Bhawanipur, Distt.- Purnia. 2.

Shartrughan Singh Son of Late Shivnath Singh Resident of Village - Deoka, P.S.- Chautham, Distt.- Khagaria.

3.

Devaki Devi W/o Shartrughan Singh Resident of Village - Deoka, P.S.- Chautham, Distt.- Khagaria.

4.

Shankar Kumar Son of Shartrughan Singh Resident of Village - Deoka, P.S.- Chautham, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-04-2022 Heard the parties.

For the reasons mentioned in the application for modification of the order dated 11.01.2022 passed in Cr. Misc. No. 21260 of 2021, the present application is allowed. Cr. Misc. No. 21260 of 2021 is restored to original file.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioners and learned

Patna High Court CR. MISC. No.15833 of 2022(2) dt.06-04-2022 2/3 Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Chautham P.S. Case No. 264/2020 registered for the offences punishable under Sections 342/498(A)/504/506/307/34 of the Indian Penal Code.

It has been submitted by learned counsel for the petitioners that they are in-laws and the husband and wife are staying together.

Considering the facts and circumstances, the present anticipatory bail application is allowed.

Accordingly, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Khagaria, in connection with Chautham P.S. Case No. 264 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

The court below at the time of accepting the bail bonds will verify the fact that there is a compromise between the parties and only after the girl supports the compromise and says that she is staying with her husband Sanjeev Kumar, the

Patna High Court CR. MISC. No.15833 of 2022(2) dt.06-04-2022 3/3 bail bonds of the petitioners shall be accepted and if the girl submits otherwise, the petitioners shall be taken into custody. (Sandeep Kumar, J) Saif/- U T