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Patna High CourtCR. MISC./26793/2017bail granted

Puja Kumari @ Puja Devi And ORS v. The State Of Bihar

2017-07-13Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.26793 of 2017 (2) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26793 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -RIGA District- SITAMARHI ======================================================

1. Puja Kumari @ Puja Devi, D/o Ram Dinesh Pandit,

2. Ram Dinesh Pandit, Son of Nageshwar Pandit,

3. Radha Devi, W/o Ram Dinesh Pandit,

4. Nageshwar Pandit, Son of Late Lildhari Pandit,

5. Raju Kumar @ Raju Pandit, Son of Ram Dinesh Pandit,

6. Sunder Kumari @ Sunder Devi, D/o Ram Dinesh Pandit, All R/o VillageBaspitta, P.S.- Majorganj, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Sri Gopesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners, and the learned counsel representing the State.

The petitioners apprehend their arrest in connection with Riga P.S Case No. 28 of 2017 registered for the offences punishable under Sections 387, 307, 380 and 504/34 of the Indian Penal Code.

The petitioner no. 1 Puja Kumari was married to the complainant on 30.04.2015 and allegedly, there was quarrel between the wife and husband. On 26.09.2016 the wife of the complainant went away to her Mayke with an unknown person after taking ornaments. The accused persons assaulted the complainant on account of which the complainant sustained injury and was treated by the doctor.

Submission is of false implication and that as a

Patna High Court Cr.Misc. No.26793 of 2017 (2) dt.13-07-2017 matter of fact, Puja Kumari, petitioner no. 1 filed Riga P.S. Case No. 267 of 2016 under Section 498(A) and 3⁄4 D.P. Act against the informant and his family members and by way of counter blast this case has been lodged with false and concocted allegation against the entire family members of the petitioner no. 1. The informant was never assaulted and no injury has been caused to him. All allegations are concocted, false and baseless. Learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of pre-arrest bail by submitting that the petitioners have caused injury to the informant and he was treated by the doctor.

In the facts and circumstances stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of the order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Riga P.S. Case No. 28 of 2017 subject to the conditions as laid down in Section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) sushma/- U T