Parikshan Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21331 of 2015 Arising Out of PS.Case No. -94 Year- 2014 Thana -BASOPATTI District- MADHUBANI ======================================================

1. Parikshan Mandal, son of Late Bilat Mandal

2. Godawari Devi, wife of Parikshan Mandal

3. Sudha Devi, wife of Shyam Mandal

4. Sumitra Devi, wife of Ram Babau Mandal All are residents of Village - Jaso, P.S. - Basopatti, District - Madhubani. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kumar 1(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-07-2015 Heard learned counsel for the petitioners and the learned counsel for the State.

The petitioners, who are family members of the informant's husband and have been roped in the present case under Section 498A and other allied Sections of the Indian Penal Code, are apprehending their arrest in connection with Basopatti P.S. Case No.94 of 2014.

Learned counsel for the petitioners submits that the entire allegation as made out by the informant is farfetched and concocted and several allegations, which appear to be the figment of imagination of the informant, have been levelled against them, which have no substance. With regard to the allegation against the

Patna High Court Cr.Misc. No.21331 of 2015 (2) dt.23-07-2015 2/2 petitioners that they have got her child aborted, learned counsel for the petitioners submits that in this regard a Medical Board was constituted, which did not find the said contention to be true and accordingly the case in that regard against the petitioners would not survive.

Considering the nature of allegations made against these petitioners and the fact that they have no criminal antecedents and serious cloud has been cast on the prosecution case, let all the four above named petitioners, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Vivek Bhardawaj, learned Judicial Magistrate, 1st Class, Madhubani, in connection with Basopatti P.S. Case No.94 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T