Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48183 of 2019 Arising Out of PS. Case No.-13 Year-2018 Thana- MAHILA PS District- Jamui ====================================================== 1.

MANJU DEVI Wife of Nakul Das Resident of Village - Rajaun, P.S. - Sono, District - Jamui.

2.

Bishundev Das Son of Nakul Das Resident of Village - Rajaun, P.S. - Sono, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 323, 341, 504, 506, 376, 34 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report of Soni Kumari submitted before the Station House Officer, Jamui Mahila Police Station is to the effect that coaccused, Umesh Das, on the pretext of marriage, established forceful physical relationship with the informant, as a result when the informant got pregnant, the accused persons pressurized her to get the pregnancy terminated. It is alleged

Patna High Court CR. MISC. No.48183 of 2019(24) dt.02-08-2019 2/3 that on 15.02.2018, all the accused persons variously armed came and forcefully tried to take away the informant to get her pregnancy terminated, which was declined by the informant as a result, all the accused persons assaulted her. When father of the informant came to rescue her, the accused persons threatened him for dire consequences if any case is lodged in this connection.

It is submitted by learned counsel for the petitioners that the thrust of accusation is against co-accused, Umesh Das. The omnibus and general nature of accusation has been levelled against the petitioners being mother and brother of co-accused Umesh Das. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioners are named in the FIR.

Considering the thrust of accusation against coaccused Umesh Das, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.48183 of 2019(24) dt.02-08-2019 3/3 learned SDJM, Jamui in connection with Jamui Mahila P.S. Case No.13 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T