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Patna High CourtCR. MISC./41021/2020bail granted

Kanti Devi v. The State Of Bihar

2021-07-30Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41021 of 2020 Arising Out of PS. Case No.-493 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== 1.

Kanti Devi, W/o Mahendra Yadav, Resident of Village - Herthu, P.S.- Islampur, Distt.- Nalanda.

2.

Mahendra Yadav, Son of Lakhan Yadav, Resident of Village - Herthu, P.S.- Islampur, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar No.1, Advocate.

For the Opposite Party/s :

Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-07-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State through Video Conferencing. The petitioners apprehend their arrest in connection with Islampur P.S. Case No. 493 of 2020, registered under Sections 341, 323, 307 and 498(A)/34 of the Indian Penal Code. The accusation is of torturing and causing assault to the informant by her husband and in-laws due to non-fulfillment of demand of motorcycle and compelling her to leave the

Patna High Court CR. MISC. No.41021 of 2020(2) dt.30-07-2021 2/2 matrimonial house.

Learned counsel for the petitioners submits that both petitioners are mother-in-law and father-in-law of the informant. It is further submitted that it would appear from the FIR that the marriage of informant, Rina Devi, was performed in the year 2009 with Pintu Yadav, son of both petitioners, but the present case has been lodged after 11 years, making allegation to demand of motorcycle as dowry, which is beyond imagination, in fact, due to petty dispute in the family, informant lodged the present case with false allegation.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Islampur P.S. Case No. 493 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T