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Patna High CourtCR. MISC./40235/2021allowed

Gayatri Devi v. The State Of Bihar

2022-03-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40235 of 2021 Arising Out of PS. Case No.-360 Year-2020 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== 1.

GAYATRI DEVI W/o Shreebabu Sah @ Babu Sah R/o Mohalla- Chaudhary Mubarak Ali, Noongola, P.O. and P.S.- Hajipur Town, District- Vaihsali. 2.

Shreebabu Sah @ Babu Sah S/o Late Mathura Sah R/o Mohalla- Chaudhary Mubarak Ali, Noongola, P.O. and P.S.- Hajipur Town, District- Vaihsali. 3.

Om Kumar @ Hariom Kumar S/o Shreebabu Sah @ Babu Sah R/o MohallaChaudhary Mubarak Ali, Noongola, P.O. and P.S.- Hajipur Town, DistrictVaihsali. ... ... Petitioners.

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rakesh Kumar Soni For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 304 & 438A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.40235 of 2021(3) dt.21-03-2022 2/3 The younger sister of the informant is said to have assaulted and lastly ousted from her matrimonial home by the petitioners and other co-accused named in the F.I.R. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case as they are in-laws of the victim lady. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioner no.1 is the mother-in-law, petitioner no.2 is the father-in-law and petitioner no.3 is the brother-in-law of the sister of the informant and they have no concern with the affairs of the victim or her husband as they are living seperately. It is also submitted that husband of the victim has been granted regular bail by the learned Court below. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.40235 of 2021(3) dt.21-03-2022 3/3 connection with Kazimohhamadpur P.S. Case No.360 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T