Meena Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70006 of 2022 Arising Out of PS. Case No.-902 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

MEENA SINHA, W/O ANAND KUMAR SINHA Resident of Village- New Chandmari, Ward No- 26 In front of Vinay Physics Coaching, P.S.- Town, Motihari, District- East Champaran.

2.

RAJESH KUMAR @ RAJESH KUMAR SINHA @ RAJESH KUMAR SINGH @ RAJESH KR. SINHA. S/O ANAND KUMAR SINHA Resident of Village- New Chandmari, Ward No- 26 In front of Vinay Physics Coaching, P.S.- Town, Motihari, District- East Champaran. 3.

RANJIT KUMAR SINHA @ RANJIT KUMAR SINGH S/O ANAND KUMAR SINHA Resident of Village- New Chandmari, Ward No- 26 In front of Vinay Physics Coaching, P.S.- Town, Motihari, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ALKA KUMARI, W/O LATE RANDHIR KUMAR SINHA, D/O ASHOK SHRIVASTAVA Resident of C/o Niraj Kumar Asthana, Village- New Chandmari, Ward No- 26, in front of Vinay Physics Coaching, P.S.- Town Motihari, District- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2023 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 323, 498(A), 406/34 of the Indian Penal Code.

It is alleged that husband of the complainant booked two flats and died due to heart attack on 11.07.2020 and

Patna High Court CR. MISC. No.70006 of 2022(4) dt.19-06-2023 2/3 thereafter since 14.07.2020, all the F.I.R. named accused persons including these petitioners started torturing and harassing the complainant to transfer the flats in question in favour of the in-laws. It is further alleged that husband of the complainant deposited Rs. 15 lacs in the account of his father for purchase of the flats but accused persons also refused to return the same to the complainant.

Petitioner No. 1 is mother-in-law, petitioner Nos. 2 and 3 are brothers-in-law of the complainant. Learned counsel appearing for the petitioners submits that there is no allegation of demand of dowry or torture against the petitioners. As a matter of fact, the dispute is only with regard to purchase of flat in the city of Chennai. The complainant is demanding money for purchase of flat in the city from the petitioners where she resides along with her brother and to pressurize these petitioners this false case has been lodged. Petitioners have got clean antecedent. Learned counsel for the complainant vehemently opposes the bail application.

Considering the aforesaid facts and nature of complaint, this anticipatory bail is allowed and it is ordered that the above named petitioners in the event of their arrest/surrender

Patna High Court CR. MISC. No.70006 of 2022(4) dt.19-06-2023 3/3 before the court below within a period of six weeks from today, be enlarged 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Complaint Case No. 902 of 2021, Trial No. 2683 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T