Khushboo Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25916 of 2019 Arising Out of PS. Case No.-317 Year-2018 Thana- MAHUA District- Vaishali ====================================================== 1.

KHUSHBOO KUMARI Daughter of Nand Kumar Singh, Resident of Village-Rohna, P.S and District-Vaishali.

2.

Ankit Kumar Singh @ Ankit Kumar Son of Suresh Singh Resident of Village-Shekhpatti Baghar, P.S-Bhagwanpur, District-Vaishali. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Gaurav Kumar Singh Son of Ashok Singh, Resident of VillageKutubpur,Post-Kanhauli, P.S-Mahua, District-Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Mahua P.S.Case No.17 of 2018 registered for offences punishable under Sections 323, 341, 420/34 of the Indian Penal Code.

Prosecution case in short is that the petitioner no.1 who happens to be wife of the informant married with the petitioner no.2 without informing the informant, as such the case has been lodged in that connection.

Submission of the learned counsel for the petitioners is that the fact does not disclose the offense under Section 420 of the IPC and furthermore a panchayati was also made between the parties and in panchayat it was decided that both the parties

Patna High Court CR. MISC. No.25916 of 2019(3) dt.04-07-2019 2/2 will live separately.

Heard learned A.P.P. and the learned counsel for the O.P.no.2, who has admitted about the panchayat between the parties and further submitted that the petitioner by playing foul has got the provisional bail in their favour that an agreement for returning Rs.08 lac to the informant has been reached between the parties.

Having heard both sides and considering the nature of allegation as well as the fact that petitioner is a lady, this application is allowed and the provisional bail granted to the petitioner, vide order dated 22.4.2019 is confirmed. So far the other allegations are concerned, the Panchayati disclosed that the matter has been settled between the parties, as such I do not think expedient in the interest of justice to order for any inquiry in this case.

(Vinod Kumar Sinha, J) chn/- U T