Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 27597 of 2020 Arising Out of PS. Case No.-48 Year-2017 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

MINA DEVI Wife of Balbodh Puri Resident of Village - Mehian, P.S.- Chapra Muffasil, District - Saran at Chapra.

2.

Pankaj Puri Son of Balbodh Puri Resident of Village - Mehian, P.S.- Chapra Muffasil, District - Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-11-2020 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners are apprehending arrest in connection with Chapra Muffasil P.S.Case No.48 of 2017 for the offence under Sections 304(B), 120(b) and 498(A) of the Indian Penal Code.

Learned counsel for the petitioners would submit that the petitioners have no criminal antecedent. Petitioner no.1 is the mother-in-law and petitioner no.2 is the husband of the deceased. He further submits that, in fact, nothing has happened as alleged in the complaint petition. In fact, the girl is alive and she has fled away with her boy friend. He further submits that

Patna High Court CR. MISC. No. 27597 of 2020(2) dt.25-11-2020 2/2 the present case has been registered after delay of four years. He has also referred to a compromise petition has been filed in this case stating that the complainant is not ready to proceed any further in this case.

Considering the fact that there is delay of four years in lodging of the FIR, the Court is inclined to grant anticipatory bail to the petitioners, let the petitioners named above, be released on bail in the event of arrest or surrender before the court below within a period of one month from the date of communication of a copy of this order, on furnishing bail bond of Rs.50,000/- (fifty thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra in connection with Chapra Muffasil P.S.Case No.48 of 2017, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) B.Kr./- U T