← Library
Patna High CourtCR. MISC./31596/2021bail granted

Tuntun Sah v. The State Of Bihar

2022-03-09Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31596 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- MAHILA PS District- Gopalganj ====================================================== 1.

Tuntun Sah Son of Late Brijnandan Sah Resident of Village - Piprahiyan, P.S. - Barauli, District - Gopalganj.

2.

Usha Devi Wife of Tuntun Sah Resident of Village - Piprahiyan, P.S. - Barauli, District - Gopalganj.

3.

Arvind Sah @ Arvind Kumar Son of Tuntun Sah Resident of Village - Piprahiyan, P.S. - Barauli, District - Gopalganj. 4.

Mukti Chaubey @ Muktinath Chaubey Son of Bhagwan Chaubey Resident of Village - Piprahiyan, P.S. - Barauli, District - Gopalganj. ... ... Petitioners

Versus

1.

The State of Bihar 2.

Amrita Kumari Devi Daughter of Jai Kishun Sah At present resident of Village - Pipra, P.S. - Manjhagarh, District - Gopalganj. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

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.

The prayer for anticipatory bail of the petitioner nos. 2 and 4 has already been withdrawn by the petitioner's counsel. The petitioner nos. 1 and 3 apprehend their arrest in connection with Gopalganj Mahila P.S. Case No. 01 of 2020

Patna High Court CR. MISC. No.31596 of 2021(5) dt.09-03-2022 2/3 registered for the offences punishable under Sections 341, 323, 498A, 379, 34 of the Indian Penal Code.

Petitioner nos. 1 and 3 are father-in-law and Bhaisur. Considering the nature of allegations which are general and omnibus, the present anticipatory bail application is allowed.

Accordingly, let the petitioner nos. 1 and 3 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 Sub-Divisional Judicial Magistrate, Gopalganj in connection with Gopalganj Mahila P.S. Case No. 01 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

It has been informed that one Maintenance Case No. 80 of 2022 has been filed by the wife against Amit Kumar, the husband in February, 2022. The Principal Judge, Family Court, Gopalganj is directed to decide the same within three months from today keeping in view of the guidelines issued by the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha, reported in 2020 SCC Online SC-903.

Patna High Court CR. MISC. No.31596 of 2021(5) dt.09-03-2022 3/3 Let a copy of this order be communicated to the Principal Judge, Family Court, Gopalganj through fax/e-mail. (Sandeep Kumar, J) Ibrar//- U