Punam Kumari @ Punam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47587 of 2019 Arising Out of PS. Case No.-562 Year-2013 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Punam Kumari @ Punam Devi, D/o- Anandi Sah Resident of VillageBanher, P.S.- Morkahi, District- Khagaria. 2.

Umesh Sah Son of Anandi Sah Resident of Village- Banher, P.S.- Morkahi, District- Khagaria.

3.

Anandi Sah Son of Late Bauye Lal Sah Resident of Village- Banher, P.S.- Morkahi, District- Khagaria.

4.

Larho Devi Wife of Anandi Sah Resident of Village- Banher, P.S.- Morkahi, District- Khagaria.

5.

Bhushan Kumar @ Dr. Bhushan Kumar Son of Rambalak Sharma Resident of Village- Banher, P.S.- Morkahi, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Khagaria (Gangaur) P.S. Case no. 562 of 2013, registered under Sections 364, 363, 380, 327, 120(B) and 366 of the Indian Penal Code.

The accusation is that marriage of Dipak Kumar, son of the complainant was performed with petitioner No.1 Punam Kumari on the initiation of Umesh Sah, Anandi Sah,

Patna High Court CR. MISC. No.47587 of 2019(2) dt.31-07-2019 2/3 larho Devi and parents of petitioner No.1 Punam Kumari. After marriage, she was taken in Bidai at her matrimonial house. Dr. Bhushan Kumar showing the closeness to family of the petitioner used to visit in connection with providing treatment to the family of the complainant and in that course, he committed theft of ornament worth of Rs. Two lakhs. In spite of much pursuation the ornaments were not returned. Learned counsel for the petitioners submits that, in fact, the marriage of petitioner No.1 Punam Kumari was performed with the son of complainant, but due to love affairs of son of the complainant with another girl, the petitioner left her matrimonial house and later on, performed re-marriage due to that reasons, the present case has been lodged with false allegation. Moreover, the matter has been settled in between the parties, which would appear from compromise petition filed by the complainant on 21.05.2019 in ABA No. 429 of 2019 (Annexure-2).

Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.47587 of 2019(2) dt.31-07-2019 3/3 amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 562 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T