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[Cites 7, Cited by 4]

Patna High Court - Orders

Sonam Devi @ Sonam Shrivastava & Ors vs The State Of Bihar on 23 January, 2017

Author: Jitendra Mohan Sharma

Bench: Jitendra Mohan Sharma

      Patna High Court Cr.Misc. No.2191 of 2017 (2) dt.23-01-2017




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Criminal Miscellaneous No.2191 of 2017
                           Arising Out of PS.Case No. -728 Year- 2016 Thana -MOTIHARI TOWN District-
                                                 EASTCHAMPARAN(MOTIHARI)
                   ======================================================
                   1. Sonam Devi @ Sonam Shrivastava wife of Sanjeev Shrivastava @
                      Sanjeev Ranjan Kumar @ Sanjeev Ranjan
                   2. Manorma Devi wife of Binod Prasad
                   3. Sanjeev Shrivastava @ Sanjeev Ranjan Kumar @ Sanjeev Ranjan son
                      of Binod Prasad
                   All R/o village- New Chandmari, P.S.- Motihari Town, District- East
                   Champaran                                          .... .... Petitioners
                                                    Versus
                   The State of Bihar                        ... .... Opposite Party
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :  Mr. Umesh Chandra Verma
                   For the Opposite Party/s   : Mr. Sri Kalyan Shankar
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
                   SHARMA
                   ORAL ORDER

2   23-01-2017

Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Motihari Town P.S. Case No. 728 of 2016 registered for the offences punishable under Sections 341, 323, 313, 504, 498 (A)/34 of the Indian Penal Code and Sections ¾ of Dowry Prohibition Act.

Allegedly, the petitioners and other co-accused started demanding four wheeler and cash of Rs. 5 lacs and due to non- fulfillment started torturing the informant who is married to Rishuraj Srivastava, the son of petitioner no. 2 and ultimately, she was ousted from the in-laws house, the husband is ready to marry with another lady and further he has got illicit relationship at Damdam, Kolkata, resulting he does not want to keep the informant. Patna High Court Cr.Misc. No.2191 of 2017 (2) dt.23-01-2017

Submission is of false implication and that no offence as alleged is made out, petitioner no. 1 is Gotini, petitioner no. 2 is mother-in-law and petitioner no. 3 is bhaisur and they are living separately since long from the informant and her husband, the petitioners have been implicated in this case unnecessarily, the father- in-law has already been arrested and has been allowed regular bail by the court below itself and as such the petitioners deserve sympathetic consideration to which the learned APP opposes.

In the facts and circumstances stated above, considering that the petitioners are Gotini, mother-in-law and bhaisur, the petitioners above named, in case of their surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Motihari Town P.S. Case No. 728 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/-

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