Bachan Bhagat @ Bachan Mali @ Bacchan Prasad Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44880 of 2022 Arising Out of PS. Case No.-1020 Year-2015 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== 1.

BACHAN BHAGAT @ BACHAN MALI @ BACCHAN PRASAD MALI Son of Late Anath Bhagat Resident of Mohalla - Puliya Tand, Moja Gali No. 310, P.O.- Kharkhari, P.S.- Madhuwan, District - Dhanbad (Jharkhand). 2.

Girija Devi Wife of Bachchan Prasad Mali Resident of Mohalla - Puliya Tand, Moja Gali No. 310, P.O.- Kharkhari, P.S.- Madhuwan, District - Dhanbad (Jharkhand).

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arti Devi wife of Dinesh Malakar and Daughter of Kapil Mali Resident of Mohalla - Puliya Tand, Moja Gali No. 310, P.O.- Kharkhari, P.S.- Madhuwan, District - Dhanbad (Jharkhand), At present resident of MohallaKhandakpar, Mali Tola, P.S.- Bihar Sharif, District - Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dineshwar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.

Learned counsel seeks permission to withdraw the anticipatory bail application with respect to petitioner no. 1. Permission is accorded as he died during pendency of present application.

Accordingly, the present anticipatory bail application

Patna High Court CR. MISC. No.44880 of 2022(2) dt.22-11-2022 2/2 is dismissed as withdrawn with respect to petitioner no. 1. Learned counsel for the petitioner next submits that petitioner no. 2 is mother-in-law and is a person with clean antecedent and from perusal of the allegation as alleged in the F.I.R, it would manifest that the allegations are general and omnibus in nature and whenever a dispute arises between the husband and wife, the entire family members get implicated. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 1020 of 2015 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T