Chanchal Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71260 of 2019 Arising Out of PS. Case No.-69 Year-2019 Thana- MANSURCHAK District- Begusarai ====================================================== 1.

Chanchal Devi Wife of Sunil Kumar Gupta Resident of VillageMansurchak, P.S.- Mansurchak, District- Begusarai. 2.

Sunil Kumar Gupta Son of Ram Udgar Gupta Resident of VillageMansurchak, P.S.- Mansurchak, District- Begusarai. ... ... Petitioners

Versus

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

For the Petitioners :

Ms.Shruti Sinha For the Opposite Party :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Mansurchak P.S. case No. 69 of 2019 instituted for the offence under Section(s) 341, 323, 504,506, 353, 186, 332/34 of the Indian Penal Code.

It is submitted by the petitioners' counsel that petitioners had lodged application U/s 144 Cr.P.C. upon which the S.D.O. Teghra, has passed a restraining orders against the Contractor, namely, Ajit Kumar Gupta. The said Ajit Kumar Gupta was forcibly indulging in construction on the petitioners' land. Being irritated by such action, at the instance of the petitioners, who are husband and wife, they have been implicated in the instant case at his instance by the Circle Officer Mansurchak.

Patna High Court CR. MISC. No.71260 of 2019(2) dt.20-11-2019 2/2 The petitioners have no criminal antecedents and the instant case is an example of false implication. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners before the court below, named above, within four (04) weeks from today, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM, Begusarai, in connection with Mansurchak P.S. case No. 69 of 2019 , subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T