Umadhar Kant Mishra @ Umadharkant Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85397 of 2024 Arising Out of PS. Case No.-1572 Year-2023 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Umadhar Kant Mishra @ Umadharkant Mishra Son of Late Ramakant Mishra Resident of Village - Gausiya, P.S. - Manjhagarh, District - Gopalganj 2.

Supriya Devi @ Suryapati Devi Wife of Umadhar Kant Mishra Resident of Village - Gausiya, P.S. - Manjhagarh, District - Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anuja Tiwari Wife of Rajeev Kumar Mishra, Daughter of Late Ashok Kumar Tiwari Resident of Sareya Ward No.1, P.S. and District - Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey, Advocate Mr. Rajesh Kumar, Advocate For the State :

Mr. Upendra Kumar, Advocate For the O.P. No. 2 : Mr. Indrajeet Bhushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-03-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the O.P. No. 2.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Complaint Case No. 1572 of 2023, Tr. No. 1453 of 2023, in which cognizance has been taken under Sections 498A, 406 and 323 of the Indian Penal Code.

3. At the outset, learned counsel for the O.P. No.

Patna High Court CR. MISC. No.85397 of 2024(3) dt.22-03-2025 2/3 2/complainant submits that the marriage has been settled between the parties and they are going to file divorce petition with mutual consent under Section 13B of the Hindu Marriage Act and the complainant has no objection, if the petitioners, who are parents-in-law of the complainant, may be enlarged on bail.

4. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Gopalganj in connection with Complaint Case No. 1572 of 2023 (Tr. No. 1453 of 2023), subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

Patna High Court CR. MISC. No.85397 of 2024(3) dt.22-03-2025 3/3 (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J) shoaib/- U T