Shipato Debi @ Sripati Debi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35964 of 2019 Arising Out of PS. Case No.-1927 Year-2012 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

SHIPATO DEBI @ SRIPATI DEBI W/O Late Prithvi Singh Resident of village- Narayanpur, P.S.- Nautan, District- Siwan. 2.

Kanhaiya Singh S/O Late Prithvi Singh Resident of village- Narayanpur, P.S.- Nautan, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Meera Devi W/O Dharmendra Singh @ Chote Singh Resident of villageNarayanpur, P.S.- Nautan, District- Siwan. presently residing at VillageJhingna, P.S.- Mirganj, District- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-11-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Complaint Case No.1927 of 2012 giving rise to Trial No.557 of 2019 , registered for offences punishable under Section 498A of the Indian Penal Code.

Petitioners happen to be mother-in-law and Dewar of the complainant of the present case. There is allegation of demand of dowry and assaulting her as well as subjecting her to cruelty.

Submission of the learned counsel for the petitioners is

Patna High Court CR. MISC. No.35964 of 2019(8) dt.27-11-2019 2/3 that the allegations are false and concocted. As a matter of fact she left the house on her own will. Petitioners have no objection if she is ready to reside with them. Heard learned A.P.P. and perused the impugned order, from which it appears that the above stands have been taken before the leaned court below also but the husband of the complainant has not appeared and considering the fact , prayer for anticipatory bail has been rejected by the learned Sessions Judge. In the present case also notice was issued to the O.P.no.2 , which returned unserved, acknowledgment has not been received but the net tracking report discloses that the same has been received, which will appear from order dated 22.11.2019..

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Gopalganj in connection with Complaint Case No.1927 of 2012 giving rise to Trial No.557 of 2019, subject to conditions as laid

Patna High Court CR. MISC. No.35964 of 2019(8) dt.27-11-2019 3/3 down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T