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Patna High CourtCR. MISC./45590/2021bail granted

Manju Devi v. The State Of Bihar

2022-04-18Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45590 of 2021 Arising Out of PS. Case No.-449 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== 1.

MANJU DEVI W/o NAGENDRA SINGH R/o VILLAGE-HARPUR, P.SEKMA, DISTRICT-SARAN AT CHAPRA. 2.

NAGENDRA SINGH S/o RAJDEO SINGH R/o VILLAGE-HARPUR, P.SEKMA, DISTRICT-SARAN AT CHAPRA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case in connection with Rivilganj P.S. Case No.449 of 2020, registered for the offence punishable under Sections 341, 323, 324, 498A, 504, 506, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.45590 of 2021(2) dt.18-04-2022 2/3 The allegation against the petitioners is of torturing the informant for the demand of dowry. Petitioners are the motherin-law and father-in-law of the informant. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the husband of the informant and the informant have filed a divorce case in the court below vide Divorce Case No.133 of 2020 (annexed at Annexure-2). Petitioner no.1 has one criminal antecedent and petitioner no.2 has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the informant and her husband have filed a divorce case with mutual consent and there is no specific allegation against the petitioners, 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

Patna High Court CR. MISC. No.45590 of 2021(2) dt.18-04-2022 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rivilganj P.S. Case No.449 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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