Nandlal Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42317 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- MAHILA PS District- Gopalganj ====================================================== 1.
NANDLAL TIWARY S/O LATE RAMCHANDRA TIWARY Resident of village- Chakiya, P.S.- Bhore, District- Gopalganj. 2.
DURGAWATI DEVI W/O NANDLAL TIWARY Resident of villageChakiya, P.S.- Bhore, District- Gopalganj. 3.
KANCHAN DUBEY W/O SHASHI DUBEY Resident of village- Chakiya, P.S.- Bhore, District- Gopalganj.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumit Shekhar Pandey For the Opposite Party/s :
Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2022 Heard learned counsel for the petitioners and learned APP 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, office will place the matter before the Bench.
Learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.1, as he has already been arrested by the police, during pendency of this application.
Patna High Court CR. MISC. No.42317 of 2022(2) dt.28-11-2022 2/3 Permission is granted.
Accordingly, the instant application as against the petitioner no.1 is dismissed as withdrawn.
Now, this application is being heard for consideration of anticipatory bail as against the petitioner no.2 & 3 only.
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 Sections 341, 342, 323, 498A, 406, 504, 506 and 34 of the Indian Penal Code and Sections 3⁄4 o f the Dowry Prohibition Act. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that petitioner no.2 is the mother-in-law of the informant and petitioner no.3 is the married sister of the husband of the informant. He submits that there is no specific overt act against the petitioners. He further submits that
Patna High Court CR. MISC. No.42317 of 2022(2) dt.28-11-2022 3/3 petitioners have no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case, let 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 bonds 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 Gopalganj Mahila P.S. Case No.16 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T