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Patna High CourtCR. MISC./16246/2016bail granted

Rajiya Devi And ANR. v. The State Of Bihar

2016-05-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16246 of 2016 Arising Out of PS.Case No. -180 Year- 2015 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Rajiya Devi, Wife of Jai Prakash Das,

2. Renu Devi, Wife of Manoj Das Both residents of Village- Thutha Kabirnagar Panchayat- Pararia, P.S.- Bihariganj, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarnath Jha, Adv. For the Opposite Party/s : Mr. Akbar Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2.

03-05-2016 Heard both sides.

The petitioners apprehend their arrest in Bihariganj P.S. Case No. 180/2015, registered for the offences punishable under Sections 376, 341, 323, 379, 504, 506 and 34 of the Indian Penal Code.

The informant alleged that she was married to one Sunil Das and thereafter she returned to her maternal house. She further alleged that on the pretext of marriage Mukesh Kumar has established physical relation with her for the last six months. Again on 06.09.2015 Mukesh Kumar made attempt to outrage her modesty, but caught by her mother. Panchayati was held. It is submitted that petitioners are mother

Patna High Court Cr.Misc. No.16246 of 2016 (2) dt.03-05-2016 2/2 and sister-in-law of Mukesh Kumar. There is no specific allegation of assault against the aforesaid petitioners except that after panchayati they went near the house of informant and assaulted brother of the informant and threw her mother on the ground. The entire family members were falsely implicated in this case. The victim is a major girl. She wanted to marry with Mukesh Kumar and on account of that false case has been lodged. Considering the facts aforesaid, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Bihariganj P.S. Case No. 180/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T