Alok Priyadarshi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48800 of 2015 Arising Out of PS.Case No. -24 Year- 2015 Thana -MAHILA PS DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Alok Priyadarshi son of Murari Sharma.

2. Sima Sharan wife of Murari Sharan.

3. Murari Sharan son of Late Kishori Prasad.

4. Amitabh Priyadarshi son of Murari Sharan.

5. Arti Sinha wife of Amitabh Priyadarshi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-10-2015 Heard learned counsels for the petitioners and the State. The petitioner no.1 being the husband of the informant and petitioner nos. 2 to 5 being the parents, brother and brother's wife of petitioner no.1 are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 406 and 498A/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioners that informant earlier filed Complaint Case No. C-2330 of 2013 wherein process was directed to be issued after cognizance being taken for the offences punishable under Sections 323, 352, 498A and 504/34 of the IPC. In the complaint case the petitioner no.1 was granted anticipatory bail vide Cr. Misc. No. 31950 of 2015 on

Patna High Court Cr.Misc. No.48800 of 2015 (2) dt.15-10-2015 2/2 the ground that complaint was filed on 16.09.2013 whereas Matrimonial Suit No. 64 of 2015 was filed by the complainant on 12.03.2015 for dissolution of marriage and the petitioner after receiving gunshot injury immediately after marriage is leading a disabled life. The present FIR with similar accusation has been lodged on 11.04.2015.

Considering the fact that petitioner no.1 has already been granted anticipatory bail in the earlier case filed with similar accusation, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari in connection with Motihari Mahila P.S. Case No. 24 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T