Gautam Kumar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12557 of 2017 Arising Out of PS.Case No. -846 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Gautam Kumar Son of Late Kedar Singh,

2. Baby Devi Wife of Anil Singh, Both Resident of Village-Rampur Dumra, Dakhin Tola, Police Station-Maranchi, District-Patna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Hira Devi, Wife of Gautam Kumar and Daughter of Manoranjan Sharma, Resident of Village-Naya Gaoun, Panchkhutti, Police Station-Parbatta, District-Khagaria.

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

For the Petitioner/s : Mr. Dr. Amrendra Kumar For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-03-2017 At the outset it has been submitted by learned counsel for the petitioners that since petitioner no. 1 has already been taken into custody, the application as against petitioner no. 1 has become infructuous and, therefore, he has sought permission to withdraw the application as against petitioner no. 1.

Permission is accorded.

In view of the submission of learned counsel for the petitioner, the application for bail of petitioner no. 1 is dismissed as withdrawn.

So far petitioner no. 2 is concerned, she is apprehending her arrest in connection with Complaint Case No. 846(C) of 2015, registered for offences punishable under Sections 498(A) and 323

Patna High Court Cr.Misc. No.12557 of 2017 (2) dt.29-03-2017 2/2 Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner happens to be the bhabhi of complainant and the case is under Section 498A Indian Penal Code and no specific allegation has been attributed to her as she is no way concerned with the affairs of husband and wife.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also that petitioner happens to be bhabhi of the complainant and the case is under Section 498A, let the petitioner above named, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Barh, District - Patna, in connection with Complaint Case No. 846(C) of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Vinod Kumar Sinha, J) sunil/- U T