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Patna High CourtCR. MISC./57493/2019bail granted

Chameli Devi v. The State Of Bihar

2019-09-12Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57493 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- MAHILA P.S. District- Rohtas ====================================================== 1.

CHAMELI DEVI W/o Ram Chandra Pal Resident of Village- Kudra, Police Station- Kudra, District- Kaimur at Bhabhua.

2.

Ram Chandra Pal Son of Late Ram Prasad Pal Resident of Village- Kudra, Police Station- Kudra, District- Kaimur at Bhabhua. 3.

Deepak Pal Son of Ram Chandra Pal Resident of Village- Kudra, Police Station- Kudra, District- Kaimur at Bhabhua.

4.

Ramawati Devi Wife of Deepak Pal Resident of Village- Kudra, Police Station- Kudra, District- Kaimur at Bhabhua.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Bindu Devi W/o Mantu Pal Resident of Village- Jagdawandih, Police Station- Sasaram (M), District- Rohtas at Sasaram. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Mahila P.S. Case N0. 27 of 2019, disclosing offences under Sections 341,323,498A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Petitioner No.1 is mother-in-law and petitioner No.2 is father-inlaw of the informant, whereas petitioner NO.4 is wife of petitioner No.3. Learned counsel appearing on behalf of the petitioners has submitted that there implication in this case is only because of their relationship with the husband of the informant. He argues that this matrimonial discord between the petitioners and the informant which has

Patna High Court CR. MISC. No.57493 of 2019(2) dt.12-09-2019 2/2 led to registration of the FIR.

Learned counsel appearing on behalf of the informant has vehemently opposed the prayer for anticipatory bail. Considering the facts and circumstances and the background in which the FIR has been registered, I find force in the submission made on behalf of the petitioners.

This application is, accordingly, 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 bond of Rs. 10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of the learned ACJM, Rohtas at Sasaram in Mahila P.S. Case No. 27 of 2019, subject to the conditions 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 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) arun/- U