Sumit Kumar And ORS v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.26459 of 2015 (2) dt.17-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26459 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -RAJIVNAGAR District- PATNA ======================================================
1. Sumit Kumar son of Om Prakash Lall
2. Om Prakash Lall son of Late Jadunandan Lall
3. Sarita Lall, Wife of Om Prakash Lall
4. Rishika Lall @ Riskhika Lall @ Anshu, d/o Om Prakash Lall. All are residents of A/10, Road no-18, Rajeev Nagar, P.S.- Rajeev Nagar, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. Aparajita Prasad @ Aparajita, wife of Sumit Kumar, r/o house no-31, road no-6, East Patel Nagar, P.S.- Shastri Nagar, Distrit- Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjiv Sharan For the Opposite Party/s Mr. Lallan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 17.07.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioner no.1 happens to be husband whereas rest petitioners are in-laws of the informant.
It would appear from perusal of the first information report that marriage of the informant was solemnized with petitioner no.1 in the year 2008 and after that dispute arose between the parties and it is admitted case of the informant that she was ousted from her matrimonial home on 4.8.2013. It appears that after 4.8.2013 both parties filed cases against each others.
Moreover, it is informed on behalf of the petitioners
Patna High Court Cr.Misc. No.26459 of 2015 (2) dt.17-07-2015 that prior to institution of the present case, informant filed Complaint case no. 28489/2014 against the petitioners except petitioner no.4 and the aforesaid complaint case is still pending. Admittedly, present case has been filed on 4.1.2015 i.e. after one and half year of the occurrence of 4.8.2013. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that one complaint case bearing Complaint case no. 28489/2014 for the offence under section 498A of the Indian Penal Code is pending against the petitioners except petitioner no.
4, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Patna/concerned court in Rajeev Nagar P.S. Case no. 02/2015 subject to condition as laid down under section 438(2) of the Cr.P.C.
shahid (Hemant Kumar Srivastava,J) U T