Sushil Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69141 of 2019 Arising Out of PS. Case No.-59 Year-2013 Thana- JADIA District- Supaul ====================================================== 1.

SUSHIL MEHTA Son of Late Vaidyanath Mehta Resident of Village - Barahkurwa, P.S.- Triveniganj, Distt - Supaul. 2.

Most. Ratna Devi @ Most. Ratni Devi Wife of Late Vaidyanath Mehta Resident of Village - Barahkurwa, P.S.- Triveniganj, Distt - Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anita Devi Wife of Sushil Mehta, D/o Bindeshwari Mehta Resident of Village - Thuthi, P.S.- Bhimpur, Distt - Supual. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinesh Choudhary, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-06-2020 Heard learned counsel appearing for petitioners as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

The office has reported that the opposite party no.2 has already died.

Petitioner no.1 is the husband whereas petitioner no.2 is mother-in-law of opposite party no.2 and it appears that the Jadia P.S. Case No.59/2013 was registered on the basis of complaint petition filed by opposite party no.2 on account of matrimonial dispute. Since, the opposite party no.2 has already died, in my view, there is no scope to reconcile the dispute of

Patna High Court CR. MISC. No.69141 of 2019(5) dt.24-06-2020 2/2 the parties.

Therefore, considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) within two sureties of the like amount each to the satisfaction of learned S.D.J.M., Supaul in connection with Jadia P.S. Case No.59/2013, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) Prakash Narayan /- U T