Gita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80028 of 2018 Arising Out of PS. Case No.-23 Year-2017 Thana- MAHILA P.S. District- Sitamarhi ======================================================

1. Gita Devi wife of Laxmi Narain Singh

2. Sushma Saurabh wife of Rajesh Kumar

3. Laxmi Narain Singh son of Late Ram Ekbal Singh

4. Rajesh Kumar son of Laxmi Narain Singh All R/o village- Rajpur, P.S.- Mejarganj, District - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-01-2019 Heard both sides.

Petitioners apprehend their arrest in Mahila P.S. Case No.23 of 2017 registered under Sections 498A/34 of the Indian Penal Code.

The informant alleged that she got two daughters and her husband died on 01.01.2015. Her husband was suffering from cancer but after death of her husband, the accused personsher in laws subjected her and her daughters to physical and mental torture and drove her out from the house. Learned counsel for the petitioners submits that in fact no occurrence as alleged by the informant had ever taken placed. The informant sold the homestead land on 15.09.2016

Patna High Court Cr.Misc. No.80028 of 2018(2) dt.11-01-2019 2/2 and thereafter the petitioners filed partition suit. Only to put pressure on the petitioners, this case has been lodged after making false and frivolous allegation.

Having considered the facts that the petitioners are inlaws of the informant and the informant executed sale deed in the year 2016 and also partition suit is going on between them, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order 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 the learned S.D.J.M., Sadar, Sitamarhi in connection with Mahila P.S. Case No.23 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T