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Patna High CourtCR. MISC./57863/2021disposed

Vinay Kumar Srivastava @ Binay Kumar Prasad v. The State Of Bihar

2021-12-22Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57863 of 2021 Arising Out of PS. Case No.-351 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.

VINAY KUMAR SRIVASTAVA @ BINAY KUMAR PRASAD Son of Late Jaimangal Prasad Resident of Village - Mabbi Madhupur, P.S. - Sadar, District - Darbhanga.

2.

Poonam Devi Wife of Vinay Kumar Srivastava @ Binay Kumar Prasad Resident of Village - Mabbi Madhupur, P.S. - Sadar, District - Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anuradha Kumari Wife of Parinay Kumar Resident of Village - Mabbi Madhupur, P.S. - Sadar, District - Darbhanga, At present resident of village - Dumari, P.S.- Sadar, District - Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-12-2021 Learned counsel for the petitioners seeks permission to withdraw the application of petitioner no.1, since during the pendency of this application he has been arrested. Permission is accorded.

Accordingly, the application of petitioner no.1 is dismissed as withdrawn.

Heard learned counsel for the petitioner no.2 Poonam Devi and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sadar Case No. 351 of 2021 registered under Section

Patna High Court CR. MISC. No.57863 of 2021(2) dt.22-12-2021 2/2 498(A)/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

Learned counsel appearing on behalf of the petitioner submits that petitioner no. 2 is innocent and has falsely been implicated in the present case due to ulterior motive. Further he submits that she is mother-in-law of opposite party no. 2/informant.

Having considered the above facts and circumstances of the case, let the above named petitioner no. 2, Poonam Devi, be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of C.J.M., Muzaffarpur in connection with Sadar Case No. 351 of 2021, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) shailendra/- U T