Mithilesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49413 of 2022 Arising Out of PS. Case No.-120 Year-2021 Thana- MAHILA P.S. District- Nalanda ====================================================== 1.

MITHILESH PANDEY WIFE OF LATE GHANSHYAM PANDEY R/OLOCALITY-LANGOOR GALI, NEAR ARORA HOUSE AND INTERNATIONAL SCHOOL, P.S.- AGAMKUAN, PATNA CITY, DISTRICT- PATNA 2.

KAUSHAL KUMAR SON OF LATE GHANSHYAM PANDEY R/OLOCALITY-LANGOOR GALI, NEAR ARORA HOUSE AND INTERNATIONAL SCHOOL, P.S.- AGAMKUAN, PATNA CITY, DISTRICT- PATNA 3.

RANI DEVI WIFE OF PINTU PANDEY R/O- LOCALITY-LANGOOR GALI, NEAR ARORA HOUSE AND INTERNATIONAL SCHOOL, P.S.- AGAMKUAN, PATNA CITY, DISTRICT- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harsh Vardhan For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 498(A)/341/323/34 of the Indian Penal Code and 3⁄4 of D.P. Act.

Allegedly, the petitioners alongwith their family members tortured and assaulted the informant on the pretext

Patna High Court CR. MISC. No.49413 of 2022(2) dt.08-12-2022 2/3 of demand for non-fulfillment of dowry.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The petitioners are the in-laws and family members of the informant. There is no specific overt act against the petitioners. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Biharsharif

Patna High Court CR. MISC. No.49413 of 2022(2) dt.08-12-2022 3/3 Mahila P.S. Case no.120 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T