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Patna High CourtCR. MISC./28383/2017bail granted

Vinod Kamat And ORS v. The State Of Bihar

2017-07-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28383 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Vinod Kamat S/o Kapleshwar Kamat

2. Kaleshwari Devi W/o Vinod Kamat

3. Sujit Kumar S/o Vinod Kamat, All are residing at Supaul Ward no. 19, P.S. and District - Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kumar Goutam, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending his arrest in a case registered under Sections 498(A), 494, 323, 341, 448, 307, 504 and 506/34 of the Indian Penal Code.

Allegation is that after marriage the accused persons including the petitioners misbehaved and tortured the informant by various means.

It has been submitted on behalf of the petitioners that the petitioners No.2 and 3 have got no criminal antecedent. As far as petitioner No.1 is concerned, there is only one other case pending against him. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is

Patna High Court Cr.Misc. No.28383 of 2017 (2) dt.01-07-2017 2/2 the husband of the informant, petitioner No.2 is the second wife of petitioner No.1 and petitioner No.3 is the son of petitioner Nos.1 and 2. The marriage of petitioner No.1 was solemnized 27 years back with the petitioner No.2. The petitioners have further relied upon the decision of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & ors. vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul Mahila P.S. Case No.07 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T