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Patna High CourtCR. MISC./28675/2019bail granted

Ravindra Dubey v. The State Of Bihar

2019-08-07Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28675 of 2019 Arising Out of PS. Case No.-2441 Year-2015 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

Ravindra Dubey Son of Late Bishwanath Dubey Resident of Village - Ramauli, P.S.- Lauria, Distt - West Champaran. 2.

Shobha Devi Wife of Ravindra Dubey Resident of Village - Ramauli, P.S.- Lauria, Distt - West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Saheb Yadav Son of Satya Yadav Resident of Village - Baldiha, P.S.- Yogapatti (Nawalpur), Distt - West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioners and leaned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 2441-C/2015, registered under Sections 417, 363, 466 and 498 of the Indian Penal Code. The allegation against the petitioners as per the complaint that accused no. 4 is the wife of the complainant and petitioners are parents of accused no. 4. It has further been alleged that in the absence of the complainant the accused persons came at his house and took the complainant's wife i.e. accused no. 4 without his consent and sold accused no. 4 in

Patna High Court CR. MISC. No.28675 of 2019(7) dt.07-08-2019 2/3 favour of accused no.5, i.e. Nagendra Singh.

Learned counsel for the petitioner submits that petitioners have falsely been implicated in this case on the basis of malafide complaints, inasmuch as the daughter i.e. accused no.4 had performed inter-caste marriage with the complainant and subsequently she was not happy with him and has come to live with the petitioners. Learned counsel further submits that one Nagendra, against whom the allegation in the complaint that he had purchased the wife of the complainant, has been granted bail by this Court in Cr. Misc. No. 22380 of 2018. After having heard learned counsel for the parties and taking into consideration the fact that petitioners are the parents of accused no.

4 with whom the complainant had married and subsequently, the daughter of the petitioners left the house of the complainant and started living with her parents, accordingly, I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, above named, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran, in connection with Complaint Case No.

Patna High Court CR. MISC. No.28675 of 2019(7) dt.07-08-2019 3/3 to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Rahul/- U