Laxmi Devi @ Guru Pyari Devi @ Guru Pyari And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5436 of 2017 Arising Out of PS.Case No. -501 Year- 2015 Thana -COMPLAINT CASE District- BANKA ======================================================

1. Laxmi Devi @ Guru Pyari Devi @ Guru Pyari, wife of Binoy Singh @ Vinay Kumar

2. Binoy Singh @ Vinay Kumar, S/o Mahant Rai, both R/o Village: Harchandi, P.S: Rajaun, District: Banka, at present permanently residing at 2/99, Karyaveer Nagar, Dayalbagh, P.S: New Agra City, District: Agra (Uttar Pradesh).

.... .... Petitioner/s

Versus

1. State of Bihar

2. Sweta Devi, W/o Late Dayal Sharan Sinha, D/o Birendra Kumar Das, R/o Harchandi, P.S: Rajaun, District: Banka, at present residing at Puraini, P.S: Jagdishpur, District-Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kishun Chand Kumar Sinha For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 07-02-2017 Heard both sides.

The petitioners are apprehending their arrest in Complaint Case No. 501 of 2015 instituted for the offences punishable under Sections 323, 498A and 120B of the Indian Penal Code and have approached this court for grant of anticipatory bail.

Allegation against the petitioners are that after the death of the husband of the complainant, these petitioners who happens to be the Nanad and Nandosi started torturing her and ousted from the matrimonial home.

Contention of the petitioners is that, prior to institution

Patna High Court Cr.Misc. No.5436 of 2017 (2) dt.07-02-2017 2/2 of this Complaint Case, petitioner no. 1 filed a Partition Suit No. 444 of 2013 which is pending before the Sub. Judge-I, Bhagalpur. The petitioners are residing in Agra and in support of their contention filed Aadhar Card (annexure-3). They have denied any manner of concern with the affairs of complaint and claimed false implication so that the petitioners may leave their share in the ancestral property left by her father- in-law and her husband. Learned APP, on the other hand, opposed the submissions.

In the facts and circumstances of the case, let the petitioners above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Banka in Complaint Case No. 501 of 2015 subject to the condition as laid down under Section 438(2) of Cr.P.C.

(Sanjay Kumar, J) rohit/- U T