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Patna High CourtCR. MISC./63039/2023allowed

Ram Prakash Sah v. The State Of Bihar

2023-10-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63039 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- MAHILA P.S. District- Lakhisarai ====================================================== 1.

RAM PRAKASH SAH Son of Late Kesho Sah R/o vill - Jamui More near Rahul Petrol Pump, P.S. - Kabaiya, Distt. - Lakhisarai, At presently residing of vill - Lesghani, P.S. - Piri Bazar, Dist. - Lakhisarai 2.

Sita Devi Wife of Ram Prakash Sah R/o vill - Jamui More near Rahul Petrol Pump, P.S. - Kabaiya, Distt. - Lakhisarai, At presently residing of vill - Lesghani, P.S. - Piri Bazar, Dist. - Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Chanchal Kumari W/o Surya Bhushan Bikash @ Bikku, D/o Mannu Saw R/o vill - Babwa Bazar, P.S. - Pin Bazar, Distt. - Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mrs. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2023 Heard the parties.

2. The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 498A and other allied Sections of the Indian Penal Code.

3. Allegedly, the petitioners, who are the in-laws of the informant are said to have assaulted her and ousted her from her matrimonial house.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.63039 of 2023(2) dt.19-10-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are the in-laws of the informant and there is no specific overt act against them. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mahila P.S. Case No.01 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T