Chandan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78248 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- MAHILA P.S. District- Purnia ====================================================== 1.

CHANDAN DEVI Wife of Ramji Mandal Resident of Village Mahrajee, P.S.- Janki Nagar, District - Purnea.

2.

Ramji Mandal Son of Late Premi Mandal Resident of Village Mahrajee, P.S.- Janki Nagar, District - Purnea.

3.

Lakru Mandal Son of Late Ram Prasad Mandal Resident of Village Barhara Kothi, P.S.- Barhara, District - Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate.

For the State :

Mr.Ganesh Prasad Singh, APP.

For the O.P. No.2 :

Mr. Nafisuzzoha, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-09-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

After death of her husband, the victim was persuaded to marry with one Sushil Mandal. Thereafter, she was in physical relation with Sushil Mandal and later on Sushil Mandal refused to marry with her.

Since the petitioners are family members of Sushil Mandal, they have been arrayed as accused.

Submission is that offence under Section 376 IPC as alleged is not applicable against the petitioners. Other

Patna High Court CR. MISC. No.78248 of 2019(4) dt.07-09-2020 2/2 offences are bailable.

Considering the facts aforesaid, the provisional bail granted to the petitioners vide order dated 09.12.2019 hereby stands affirmed in connection with Purnia Mahila P.S. Case No. 17 of 2019 pending in the Court of learned Chief Judicial Magistrate, Purnea.

Let it be communicated to the Court below.

(Birendra Kumar, J) mantreshwar/- U T