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Patna High CourtCR. MISC./55820/2019bail granted

Sudha Devi v. The State Of Bihar

2019-09-05Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55820 of 2019 Arising Out of PS. Case No.-143 Year-2019 Thana- DHARHARA District- Munger ====================================================== 1.

SUDHA DEVI Wife of Ram Uday Mahton @ Ram Udit Mahton Resident of Village - Sanha West, P.S.- Sahebpur Kamal, District - Begusarai. 2.

Ram Uday Mahton @ Ram Udit Mahton Son of Late Doman Mahton Resident of Village - Sanha West, P.S.- Sahebpur Kamal, District - Begusarai.

3.

Pankaj Kumar Son of Ram Uday Mahton @ Ram Udit Mahton Resident of Village - Sanha West, P.S.- Sahebpur Kamal, District - Begusarai. 4.

Chandan Kumar Son of Ram Uday Mahton @ Ram Udit Mahton Resident of Village - Sanha West, P.S.- Sahebpur Kamal, District - Begusarai. 5.

Binda Devi Wife of Uma Shankar Roy Resident of Village - Shiv Kund, P.S.- Dharhara, District - Munger.

6.

Chandrashekhar Roy Son of Uma Shankar Roy Resident of Village - Shiv Kund, P.S.- Dharhara, District - Munger.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Lalita Kumari Daughter of Late Narsingh Ram Resident of Village - Muhalla- Shiv Kund, P.S.- Dharhara, District - Munger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjiv Kumar Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Dharhara (Hemjapur) P.S. Case No. 143 of 2019, disclosing the offence under Sections 341, 323, 498-A, 420, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Petitioner no. 1 is mother-in-law and petitioner no. 2

Patna High Court CR. MISC. No.55820 of 2019(2) dt.05-09-2019 2/3 is father-in-law of the informant. Petitioners no. 3 and 4 are brothers of the husband of the informant. Petitioners no. 5 and 6 are said to have instrumental in negotiation of marriage between the informant and co-accused Manoj Kumar.

Learned counsel for the petitioner has submitted that all family members of the husband of the informant and family friends have been implicated because of matrimonial dispute which has arisen between the informant and her husband.

Considering the aforesaid submission and the allegations made in the First Information Report, in my opinion, a case for grant of anticipatory bail is made out. This application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Munger in Dharhara (Hemjapur) P.S. Case No. 143 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case

Patna High Court CR. MISC. No.55820 of 2019(2) dt.05-09-2019 3/3 may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T