Chinta Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4261 of 2018 Arising Out of PS. Case No.-490 Year-2018 Thana- BANKA District- Banka ======================================================

1. Chinta Devi, Wife of Ramesh Singh,

2. Umesh Singh, Son of Ramesh Singh,

3. Mithilesh Singh, Son of Ramesh Singh, All are resident of Village- Uper Tola, Chihar, P.S.- Barahat, District- Banka.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjay Kumar Jha For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 Heard the parties.

The appellants are apprehending their arrest in connection with A.B.P. No.1020 of 2018 arising out of Banka (Barahat) P.S.Case No.490 of 2018 dated 19.7.2018 , registered for offences punishable under Sections 498(A), 328, 341 of the Indian Penal Code and Section 3(i)(w) of S.C./S.T. Prevention of Atrocities Act.

Allegation against the appellant is that the inforamnt was married with the appellant no.3 four years ago but the appellants did not allow her to live along with them calling her by caste name and further allegation is that the appellant no.3 took her on bidagari but again the appellants did not allow her to come inside and administered thymate in her mouth and she has to be hospitalized.

Patna High Court CR. APP (SJ) No.4261 of 2018(3) dt.10-01-2019 2/2 Submission of the learned counsel for the appellants is that the allegation is false and concocted, moreover both the parties have compromised the case, which will appear from the impugned order also and the informant is the wife of the appellant no.3 and they are ready to keep her. Heard learned Spl.P.P. also.

Having heard both sides and in view of the matter as the case has been compromised between the appellants and the complainant, let the appellants , above named, surrender before the special judge within a period of six weeks from the date of order and on surrender they will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge, Banka in connection with A.B.P. No.1020 of 2018 arising out of Banka (Barahat) P.S.Case No.490 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. Accordingly, this appeal is allowed and the impugned order dated 27.9.2018 is set aside.

chn/- (Vinod Kumar Sinha, J) U T