Parto Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26599 of 2023 Arising Out of PS. Case No.-751 Year-2022 Thana- COMPLAINT CASE District- Banka ====================================================== 1.

PARTO DEVI W/O GANESH MANDAL Resident of Village- Surmania, P.O. Pathakdih, P.S.- Amdanda, District- Bhagalpur. 2.

GOVIND KUMAR ALIAS GOVIND MANDAL S/O GANESH MANDAL Resident of Village- Surmania, P.O. Pathakdih, P.S.- Amdanda, DistrictBhagalpur. 3.

SUJIT KUMAR @ UCHIT MANDAL S/O GANESH MANDAL Resident of Village- Surmania, P.O. Pathakdih, P.S.- Amdanda, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ANJALI DEVI W/O LATE MADANLAL MANDAL Resident of VillageSurmania, P.O. Pathakdih, P.S.- Amdanda, District- Bhagalpur, At present resident of C/o Late Kishori Mandal R/o Village- Baijnathpur, P.S.- Dhoraiya, District- Banka.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Upadhyaya, Advocate For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 420, 323, 504, 493, 406 of the Indian Penal Code.

It is alleged that these petitioners in collusion with other accused persons sexually exploited the complainant on pretext of marriage and misappropriated her money which she had received as claim amount for the death of her husband. However, cognizance has been taken under Sections 420, 323, 504, 493, 406 of the Indian Penal Code.

Petitioner No. 1 is mother-in-law and petitioner Nos.

Patna High Court CR. MISC. No.26599 of 2023(2) dt.14-07-2023 2/2 2 and 3 are brothers-in-law of the complainant. It is submitted that petitioners are in-laws of the complainant and they have committed no cheating with her. As a matter of fact, it is wrong to allege that the entire amount of Rs. 9 lacs was given to the complainant. Petitioner No. 1 and her husband were parties in the Claim Case No. 159 of 2018 and the money was given to all three of them. This fact is clear from the order of National Lok Adalat passed in Claim Case No. 159 of 2018 dated 10.07.2021 (Annexure '2').

Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Banka in connection with Complaint Case No. 751 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T