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Patna High CourtCR. MISC./47772/2024bail granted

Ashok Mandal v. The State Of Bihar

2024-08-14Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47772 of 2024 Arising Out of PS. Case No.-603 Year-2018 Thana- COMPLAINT CASE District- Jamui ====================================================== 1.

Ashok Mandal, Son Of Late Kamal Mandal, Resident of Village - Anandpur, P.S. - Lakshmipur, District - Jamui 2.

Sunita Devi, Wife Of Ashok Mandal, Resident Of Village - Anandpur, P.S. - Lakshmipur, District - Jamui ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rinki Devi, Wife Of Rakesh Kumar, Resident Of Village - Anandpur, P.S. - Lakshmipur, District-Jamui. At Present-Daughter Of Naresh Rawat, Resident Of Village-Ujhandi, P.S.-Jamui, District - Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 14-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Complaint Case No. 603 of 2018 registered for the alleged offences under Section 498A of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. As per prosecution case, co-accused son of the petitioners has married with the complainant and there is allegation of torture and treatment with cruelty of the complainant by the petitioners and co-accused husband on account of their demand of gold chain and gold ring.

Patna High Court CR. MISC. No.47772 of 2024(2) dt.14-08-2024 2/3

4. The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Petitioners are the parents-in-law of the complainant and they have no concern with the matrimonial life of the complainant and her husband. It is also apparent from the complaint that the complainant has gone to the work place of her husband in Gurgaon in the State of Haryana. The complainant is a short-tempered lady and used to quarrel with her husband as well as petitioners even in a petty matters and she further used to threaten the petitioners with false implication. The petitioners are aged about 65 ad 58 years, respectively. The petitioners are having clean antecedent.

5. Learned APP vehemently opposes the submissions made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioners are the parents-in-law and further considering the general and omnibus nature of allegations levelled against them and also considering the possibility of false accusation, let the petitioners, above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on

Patna High Court CR. MISC. No.47772 of 2024(2) dt.14-08-2024 3/3 furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui/ court concerned in connection with Complaint Case No. 603 of 2018, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T