High Court Patna High Court - Orders

Anapurna Kumari @ Muni & Ors. vs The State Of Bihar on 21 October, 2011

Patna High Court – Orders
Anapurna Kumari @ Muni & Ors. vs The State Of Bihar on 21 October, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.35609 of 2011
                 1. Anapurna Kumari @ Muni , D/o Shiv Prasad Pathak.
                 2. Gautam Kumar Pathak @ Gautam Pathak @ Raushan, S/o Shiv Prasad
                    Pathak.
                    Both resident of village-Khaguri, P.S.-Konch, District-Gaya.
                 3. Radha Devi, W/o Manoj Pathak, R/o Mohalla-Phulwari Shariff, P.S.-
                    Phulwarishariff, District-Patna.
                 4. Neelam Devi, W/o Pramod Mishra, R/o village-Brahman Bigha, P.S.-
                    Banke Bazar, District-Gaya.                     ..........Petitioners.

                                          Versus
                   The State of Bihar                                   .......Opp. Party.
                                         -----------

2 21.10.2011 Heard learned counsel for the petitioners and learned

counsel appearing for the State.

The petitioners apprehend their arrest in connection with

a case registered for the offence punishable under Sections 341,

498(A), 307, 420, 313/34 of the Indian Penal Code.

It is submitted that the specific allegation of assault upon

the informant is against the husband. Petitioner no 2 is younger

brother, petitioner no. 1 is an unmarried sister and petitioner nos. 3

and 4 are married sisters of the husband of the informant.

It is further contended that from the perusal of the

contents of the F.I.R., it would transpire that the case is primarily

due to incompatibility between the husband and wife and the

family members have unnecessarily been dragged into the present

case.

Considering the facts and circumstances of the case, let

the petitioners, namely, (i) Anapurna Kumari @ Muni, (ii) Gautam

Kumar Pathak @ Gautam Pathak @ Raushan, (iii) Radha Devi and

(iv) Neelam Devi in the event of their arrest or surrender before the
2

Court below within a period of four weeks from the date of

receipt/communication of this order, be released on bail on

furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two

sureties of the like amount each to the satisfaction of the learned

Chief Judicial Magistrate, Khagaria in connection with Khagaria

P.S. Case No. 266 of 2011 subject to the conditions as laid down

under Section 438(2) Cr. P.C.

Sanjeet                                      (Ashwani Kumar Singh, J.)