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Patna High CourtCR. MISC./56682/2021bail granted

Chamak Lal Sah v. The State Of Bihar

2022-04-25Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56682 of 2021 Arising Out of PS. Case No.-1388 Year-2020 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== 1.

Chamak Lal Sah S/O Dholan Sah R/O Village-Nonia Path Naugachia, P.SNaugachia, District-Bhagalpur. 2.

Kiran Devi W/O Chamak Lal Sah R/O Village-Nonia Path Naugachia, P.SNaugachia, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kajal Kumari W/O Sunil Kumar Sah, D/O Premchand Bhagat R/O Naugachia, Nauniyan Patti, Near Sankat Mochak Hanuman Mandir, P.SNaugachia, District-Bhagalpur, At Present R/O Bhatha Bazar, Tatama Toli, Line Basti, P.S-K.Hat (Maranga), District-Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Complaint Case No. 1388 of 2020 instituted for the offence punishable under Section 498A of the Indian Penal Code. As per allegation in the FIR, petitioners along with other family members have tortured the complainant mentally and physically due to non-fulfillment further dowry demand.

Patna High Court CR. MISC. No.56682 of 2021(2) dt.25-04-2022 2/3 Learned counsel appearing on behalf of the petitioners has submitted that petitioners are mother-in-law and father-inlaw of the complainant and have been falsely implicated in this case. They have never demanded any thing from the complainant. They have no concern with the daily activity of the complainant and her husband. Both are living separately. The sole responsibility to take care of wife is upon husband and not against his family members. Husband of the complainant has already been granted anticipatory bail by this Court vide order dated 12.4.2022 passed in Cr. Misc. No. 53563 of 2021.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Complaint Case No. 1388 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Purnea subject

Patna High Court CR. MISC. No.56682 of 2021(2) dt.25-04-2022 3/3 to the conditions as laid down under section 438(2) of the Cr.P.C.

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