Pancha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74116 of 2023 Arising Out of PS. Case No.-166 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== 1.

Pancha Devi, Wife Of Pintu Yadav @ Pintu Kumar Yadav Resident Of Village - Maura (Tola Dulampur) P.S.-Gidhaur, District - Jamui 2.

Pintu Kumar Yadav @ Pintu Yadav, Son Of Baleshwar Yadav Resident Of Village - Maura (Tola Dulampur) P.S.-Gidhaur, District - Jamui ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Amar Prakash For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 313, 379, 354, 504 and 34 of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case at the behest of the informant, who is own brother of petitioner no.2 and petitioner no.1 is wife of petitioner no.2. It is next

Patna High Court CR. MISC. No.74116 of 2023(3) dt.26-02-2024 2/3 submitted that on account of dispute relating to money after the death of the father of the petitioner no.2, the present false case came to be instituted.

4. It is also submitted that though in the F.I.R., it is alleged that the petitioners assaulted the wife of the informant leading to abortion, but then, the said allegation is false as the wife of the informant was never pregnant. It is also submitted that the informant deliberately in the F.I.R. has concealed the relationship that petitioner no.2 is his own brother. It is further submitted that after the death of the father of the petitioner no.2, a dispute relating to money lying in the account took place, on which there was a scuffle when the present false case came to be instituted.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with

Patna High Court CR. MISC. No.74116 of 2023(3) dt.26-02-2024 3/3 two sureties of the like amount each to the satisfaction of the learned J. M., 1st Class, Jamui in connection with Laxmipur (Gidhaur) P. S. Case No.166 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T