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Patna High CourtCR. MISC./47162/2021allowed

Dharmendra Sah v. The State Of Bihar

2022-04-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47162 of 2021 Arising Out of PS. Case No.-245 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== 1.

Dharmendra Sah Son of Vidhya Nand Sah Resident of Village- Tarwa, Police Station- Dariyapur in the District of Saran. 2.

Poonam Devi Wife of Dharmendra Sah Resident of Village- Tarwa, P.S.- Dariyapur in the district of Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Guriya @ Priyanka Kumari Daughter of Nagendra Sah Resident of VillageSultanpur (Barewa), P.S. Maker in the district of Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-04-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code.

Petitioners are said to have assaulted and tortured the informant and also attempted to burn her.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that petitioner no. 1 is

Patna High Court CR. MISC. No.47162 of 2021(2) dt.22-04-2022 2/2 Bhaisur (brother-in-law) and petitioner no. 2 is Gotni (sister-inlaw) of the victim and they are living separately from before the marriage of informant. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Dariyapur P.S. Case No. 245 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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