Sunita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.17393 of 2020 Arising Out of PS. Case No.-2567 Year-2017 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.
Sunita Devi, Wife of Sri Guddu Manjhi, Resident of Village - Belshand, O.P.- Madhopur, P.S.- Barauli, District- Gopalganj 2.
Guddu Manjhi, Son of Sri Rajbali Manjhi, Resident of Village - Belshand, O.P.- Madhopur, P.S.- Barauli, District- Gopalganj 3.
Ranjeet Manjhi, Son of Sri Rajbali Manjhi, Resident of Village - Belshand, O.P.- Madhopur, P.S.- Barauli, District- Gopalganj ... ... Petitioners
Versus
1.
The State of Bihar 2.
Suman Devi, Wife of Kishore Manjhi, Resident of Village - Belshand, O.P.- Madhopur, P.S.- Barauli, District- Gopalganj. At present Residing at Village - Saraiya Parendra, O.P.- Madhopur, P.S.- Barauli, District- Gopalganj ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :
Mr.Braj Kishore Pd., A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-12-2020 Learned counsel for the petitioners undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioners. No one has entered appearance despite service of notice on opposite party no. 2.
The petitioners in the present case are Gotani and Devars respectively of opposite party no. 2. They are seeking pre-arrest bail in connection with Complaint Case No. 2567 of
Patna High Court CR. MISC. No.17393 of 2020(4) dt.01-12-2020 2/3 2017 registered for the offences punishable under Sections 498(A), 406 of the Indian Penal Code and Section 4 of Dowry Prohibition Act.
Learned counsel for the petitioners submits that there are general and omnibus kind of allegations against all these petitioners only because they happen to be the kith and kin of the husband. It is further submitted that the husband has surrendered and got regular bail in this case. No one has appeared to oppose this application on behalf of opposite party no.2, however, Mr. Braj Kishore Prasad, learned A.P.P. for the State is present.
This is a case arising out of a complaint case and in the nature of the allegations, the same being general and omnibus, considering the relationship of these petitioners who are Gatani and Devers and claim that they are living separately in mess and business, this Court directs that the petitioners above named in case of their arrest or surrender be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gopalganj in connection with Complaint Case No. 2567 of 2017, Trial No. 2007 of 2019, subject to the conditions as laid down under
Patna High Court CR. MISC. No.17393 of 2020(4) dt.01-12-2020 3/3 Section 438 (2) of the Cr.P.C. i.e.
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. This application is allowed.
(Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.