Raj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15325 of 2021 Arising Out of PS. Case No.-66 Year-2020 Thana- KALUAHI District- Madhubani ====================================================== 1.

RAJ KUMAR MANDAL SON OF LATE BABULAL MANDAL Resident of Village - Usrahi Enerba, P.S.- Deodha, Distt.- Madhubani. 2.

JAHARI DEVI W/O RAJ KUMAR MANDAL Resident of Village - Usrahi Enerba, P.S.- Deodha, Distt.- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babita Devi D/o Sri Nagendra Mandal Resident of Village - Bharat Patti, P.S.- Kaluahi, Distt.- Madhubani.

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 31-03-2022 Heard Mr. Ajay Kumar Thakur, the learned Advocate for the petitioners and the learned APP for the State.

The petitioners, who are the parents-in-law of the opposite party no. 2 seek bail in anticipation of their arrest in connection with Kaluahi P.S. Case No. 66 of 2020 instituted for the offences under Sections 494, 498(A), 323, 313,

Patna High Court CR. MISC. No.15325 of 2021(4) dt.31-03-2022 2/3 501/34 of the Indian Penal Code, Section 3 /4 of the Dowry Prohibition Act and Section 67(A) of the I.T. Act. By order dated 04.01.2022, notice was issued to the opposite party no. 2 and provisional bail was granted to the petitioners.

It appears that the opposite party no. 2 has received notice personally but there is no appearance of anyone on her behalf to contest this petition. The learned counsel for the petitioners has submitted that an absolutely false case has been instituted against them. The informant is stated to be in the habit of filing false cases against the entire family members of the petitioners. All the sons and daughters of the petitioners are married but they are not looking after them. In fact, the petitioners are earning their livelihood on their own. They are sustaining themselves by doing share cropping in the village. Considering the nature of accusation against the petitioners, the provisional bail granted to them is hereby confirmed.

The petitioners shall remain on the same bail

Patna High Court CR. MISC. No.15325 of 2021(4) dt.31-03-2022 3/3 bonds.

The application stands allowed.

(Ashutosh Kumar, J) sunilkumar/- U T