Maya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64827 of 2019 Arising Out of PS. Case No.-30 Year-2018 Thana- EKCHARI District- Bhagalpur ====================================================== 1.

MAYA DEVI, Wife of Sri Mukundi Mandal, D/O- Late Fuchai Mandal permanent residents of Village- Bakiya Diyara, P.S.- Barari, DistrictKatihar, At present residents of Village- Chhoti Mohanpur, P.S.- Ekchari, District- Bhagalpur.

2.

Mukundi Mandal, Son of Sahdeo Mandal permanent residents of VillageBakiya Diyara, P.S.- Barari, District- Katihar, At present residents of Village- Chhoti Mohanpur, P.S.- Ekchari, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2019 This is an application for grant of anticipatory bail in connection with Ekchari P. S. Case No. 30 of 2018, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 308, 504, 506, 34 of IPC and Section 7 of POCSO Act.

As per complaint petition, petitioner no.2 happens to be the son-in-law (Damad) and petitioner no.1 is Niece of the informant. There is allegation against petitioner no.2 of misbehaving and tried to outrage the modesty of his daughter and also assaulting him and petitioner no.1 is wife of petitioner no.2.

Submission of the learned counsel for the petitioners

Patna High Court CR. MISC. No.64827 of 2019(2) dt.17-10-2019 2/2 is that there is land dispute between the parties. They have falsely been implicated in this case. The whole allegation appears to be improbable as both husband and wife have been made accused in this case in such nature of occurrence. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned 1st Additional District Sessions Judge-cum- Special Judge (POCSO) Act, Bhagalpur, in connection with Ekchari P. S. Case No. 30 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T