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Patna High CourtCR. MISC./22965/2023bail granted

Shiv Govind Yadav v. The State Of Bihar

2023-06-24Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22965 of 2023 Arising Out of PS. Case No.-625 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== 1.

SHIV GOVIND YADAV Son of Bhola Yadav R/V- Uttarwari Pokhara PSBettiah Town, Dist- West Champaran 2.

Kanchan Devi Wife of Shiv Govind Yadav R/V- Uttarwari Pokhara PSBettiah Town, Dist- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nutan Devi Wife of Praveen Kumar, D/o Badri Yadav R/V- Uttarwari Pokhara, Pakki Bawali, Road No. 5, PS- Bettiah Town, Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State along with the learned counsel for the informant The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 342, 323, 328, 494, 498A, 120B, 504, 506, 376, 511 of the Indian Penal Code and Section 67 of the I.T. Act.

The informant alleges that after marriage, the husband along with his family members were torturing her for dowry and on account of non-fulfillment of the demand she was ousted, it is next alleged that out of the wedlock a child was also born.

Patna High Court CR. MISC. No.22965 of 2023(2) dt.24-06-2023 2/3 Learned counsel for the petitioners submits that the petitioners have antecedent of one case which was instituted by the present informant herself, it is next submitted that the petitioners are father-in-law and mother-in-law of the informant.

Learned counsel for the petitioners submits that from perusal of the allegations as alleged in the FIR, it would manifest that the allegations are general and omnibus in nature, it is next submitted that it is the duty of the husband to keep the wife with dignity and honour and whenever any differences between the husband and wife erupts, the entire family members are implicated, it is next submitted, earlier also the petitioners were implicated in a case under Section 498A instituted by the informant in which the petitioners were granted anticipatory bail. It is next submitted that even the husband has preferred anticipatory bail application before this Court vide Cr. Misc. No. 24104 of 2023 and the same is pending adjudication. Learned A.P.P.

for the State and the learned counsel for the informant opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a

Patna High Court CR. MISC. No.22965 of 2023(2) dt.24-06-2023 3/3 period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Shikarpur P.S. Case No. 625 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T