Raj Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42294 of 2022 Arising Out of PS. Case No.-125 Year-2022 Thana- KESARIA District- East Champaran ====================================================== 1.

Raj Kumari Devi Wife Of Lakhindra Sahani Resident Of Village - Bijdhari, P.S. Kesaria, District - East Champaran.

2.

Manish Kumar @ Aditya Kumar Son Of Lakhindra Sahani Resident Of Village - Bijdhari, P.S. Kesaria, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Sahni, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 493, 496, 376, 313, 34, 323, 504 and 506/34 of the Indian Penal Code and Section 65(E) I.T. Act.

As per allegation in the FIR, on the pretext of marriage, co-accused Ashish Kumar, established physical relationship with her resulting into her pregnancy to which at the instance of said co-accused, the same was aborted. It is further alleged that petitioners and other family members assaulted her by means of slaps and fists.

Patna High Court CR. MISC. No.42294 of 2022(2) dt.12-12-2022 2/2 It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there was love affairs between the informant and co-accused Ashish Kumar and petitioners have implicated in this case only because of his relationship with the main accused. He further submits that similarly situated co-accused have been granted anticipatory bail by this Court passed in Cr. Misc. No. 39969 of 2022.

Considering the aforesaid submissions, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari in connection with Kesariya P.S. Case No. 125 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T