Krian Lata @ Kiran Lata And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73906 of 2018 Arising Out of PS. Case No.-38 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== 1.

Krian Lata @ Kiran Lata W/o late Haribansh Narayan 2.

Pankaj Priyam @ Pankaj Kumar S/o late Haribansh Narayan 3.

Tanay Kumar S/o late Haribansh Narayan All residents of Kiran Kuti Rachana Peeth 1M/39 Mahatma Gandhi Nagar Kanti Factory Road, P.S. Agamkuan, District- Patna. 4.

Rashmi Sinha, W/o Shailendra Kishore 5.

Shailendra Kishore, S/o Yogendra Singh Both Resident of -5D, Nurani Bagh Colony, P.S. Alamganj, District- Patna. 6.

Tanya Sinha @ Tanya W/o Vishal Sinha @ Vishal Kumar Sinha 7.

Vishal Sinha @ Vishal Kumar Sinha S/o Dinesh Prasad Both resident of Konark Villa Apartment, P.S. Rajiv Nagar, District- Patna. ... ... Petitioners

Versus

1. The State Of Bihar

2. Manisha Kumari, D/o Shiv Narayan Mahto, Village Baro Rajdeopur, P.S. Barauni, District Begusarai ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. N.K. Agrawal, Sr. Advocate Mr. Saket Tiwary, Advocate For the State :

APP For the Informant :

Mr. Viveka Nand Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 498A read with Section 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act registered in connection with Barauni (Garhara) P.S. Case No. 38 of 2018.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to be variously related to the husband of the informant. The present first information report has been instituted after the husband of the informant has filed

Patna High Court CR. MISC. No.73906 of 2018(3) dt.07-03-2019 2/2 Matrimonial Case No. 1393 of 2017 for restitution of conjugal rights. The allegation against the petitioners is general and omnibus in nature. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni (Garhara) P.S. Case No. 38 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That petitioner nos. 1, 4 and 6 will be well represented and petitioner nos. 2, 3, 5 and 7 shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. BT/- (Vikash Jain, J) U T