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Patna High CourtCR. MISC./46645/2014bail granted

Ramod Rai v. The State Of Bihar

2015-04-01Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41997 of 2014 Arising Out of PS.Case No. -360 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Meena Devi wife of Shatrughan Rai Resident of village Maruaha P.S. Sakra District Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.46645 of 2014 Arising Out of PS.Case No. -360 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Ramod Rai Son of Shatrughan Rai resident of village- Maruaha, P.S.- Sakra, District- Muzaffarpur .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.41997 of 2014) For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Durgesh Nandan(App) (In Cr.Misc. No.46645 of 2014) For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Harendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2015 Heard learned counsels for the petitioners and the State. The petitioners being mother and brother of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 147,341,323,324,307,313,498A,504 and 506 of the Indian Penal Code.

The basic accusation is of torture. It is alleged against the mother in law that due to her assault the pregnancy of the informant got terminated.

It is submitted by the learned counsel for the petitioners that for the occurrence of 9.7.2014, on 14.7.2014 Complaint Case No. 1817 of 2014 was lodged where omnibus and general accusation was levelled and the present case has been registered on 5.8.2014 for the occurrence of 9.7.2014.

In the present case, the husband of the informant has been granted bail since both the sides have reconciled the issue. Certified copy of the order dated 8.12.2014 passed by the learned C.J.M., Muzaffarpur has been produced to suggest that the husband of the informant has been granted provisional bail. It is further submitted that the provisional bail of the informant's husband has been confirmed since the parties have reconciled the issue.

Let the certified copy of the order dated 8.12.2014 be kept on record.

Considering the fact that in the earlier complaint the accusation was omnibus and general though accusation is specific against the petitioner Meena Devi in the present police case but since the issue has been reconciled,

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 twelve 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 learned CJM, Muzaffarpur in connection with Sakra (Bariarpur) P.S. Case No.360 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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