Richagya Kumari @ Richa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11295 of 2024 Arising Out of PS. Case No.-735 Year-2023 Thana- BIHTA District- Patna ====================================================== 1.

Richagya Kumari @ Richa Kumari D/O Ram Akbal Sharma Resident Of Jinpura Road Behind Of Lalit Mohan, Boring Office, Police Station- Bihta, District- Patna.

2.

Vishwajit Kumar @ Viru Kumar Son Of Ram Akbal Sharma Resident Of Village- Bharthu, Police Station- Ghosi, District- Jahanabad. 3.

Ankit Kumar Son Of Ram Akbal Sharma Resident Of Village- Bharthu, Police Station- Ghosi, District- Jahanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners, the State and the informant.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 341,354,380/34 and other ancillary sections of the Indian Penal Code.

3. As per the prosecution case, all the FIR named petitioners and other 4/5 unknown accused persons entered the house of the complainant, abused and assaulted her and took out ornaments worth Rs.10 lacs.

4. It is submitted on behalf of the petitioners that as a matter of fact petitioner no.1 is daughter-in-law of the

Patna High Court CR. MISC. No.11295 of 2024(2) dt.22-02-2024 2/2 complainant and petitioner no.2 and 3 are brothers of petitioner no.1. Petitioner no.1 had lodged case against the complainant/ informant and her son Ankit Kumar (husband of petitioner no.1) vide Bihta P.S. Case No. 417 of 2022, under sections 341, 323, 498(A) and under section 37(c) Bihar Prohibition and Excise Act, wherein she was assaulted and tortured and was also ousted from her matrimonial home, petitioner no.1 received serious injuries and in retaliation, present case has been lodged with false allegations. There is no injury report on the record. Petitioners claim clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Danapur in Bihta Police Station Case No. 735 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T