Deeprani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14369 of 2017 Arising Out of PS.Case No. -247 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Deeprani, W/o Late Rameshwar Gupta,
2. Poonam Gupta @ Poonam Devi, W/o Suresh Gupta, Both R/o Barapakar Dulma, P.S.- Madhuban District East Champaran.
3. Shri Kishore, S/o Mahendra Sah, R/o Village- Barharwa P.S.- Dhaka, District East Champaran.
4. Manoj Gupta @ Manoj Kumar, S/o Ramagya Sah, R/o Village Barra Jairam P.S.- Chiraiya District- East Champaran.
5. Anil Gupta @ Anil Kumar, S/o Kedar Sah, R/o Village- Ramdiha, P.S.- Chakia District- East Champaran.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Patanjali Rishi, Advocate For the Opposite Party : Mr. Ahtash Ali Khan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioners and learned counsel representing the State.
The petitioners apprehend their arrest in connection with Madhuban P.S. Case No. 247 of 2016, registered for the offences punishable under Sections 341, 323, 379, 498A, 506/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
Allegedly the informant Priti Gupta wife of Mukesh Gupta was tortured and assaulted by her husband and the petitioners, her mobile was snatched and gold ear ring and chain
Patna High Court Cr.Misc. No.14369 of 2017 (2) dt.17-05-2017 2/3 from the mother of the informant were also snatched by them, the petitioner Poonam Gupta having illicit relationship with the husband of the informant, used to instigate him to leave her. Submissions is of false implication and that the informant is in habit for lodging case after case, she has already lodged case Madhuban P.S. Case No. 90 of 2016 and Madhuban P.S. Case No. 169 of 2016 and again she has lodged this case, she has become habituated in lodging false cases. The petitioners never committed any offence, never tortured her. Petitioner no.1 is mother-in-law, petitioner no.2 is Gotni, petitioner no.3 is Nandosi, petitioner no. 4 is the brother of petitioner no.2 and petitioner no.5 is maternal cousin. All the allegations are concocted and without any basis and, as such, the petitioners deserve sympathetic consideration.
The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that there is allegation against all. In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-
Patna High Court Cr.Misc. No.14369 of 2017 (2) dt.17-05-2017 3/3 IV, East Champaran, in connection with Madhuban P.S. Case No. 247 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J.) Rajiv/- U T