Shiv Chandra Rout v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17540 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -BABUBARHI District- MADHUBANI ====================================================== SHIV CHANDRA ROUT SON OF LATE RAM PRASAD ROUT RESIDENT OF VILLAGE - BELDARHI, P.S. - BABUBARHI, DISTRICT - MADHUBANI.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the Opposite Party/s : Mr. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 12-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Younger brother of son-in-law of complainant, namely, Ganesh Rout developed some sort of affection towards Mithilesh Kumari aged about 14 years and on account thereof, the son-in-law of complainant and Ganesh Rout enticed away Mithilesh Kumari to their place where Ganesh Rout indulged in physical relationship with Mithilesh Kumari. When complainant insisted for marriage, they refuted till payment of dowry to a tune of Rs.2 lacs along with other items.

In the aforesaid background, it has also been disclosed that his daughter Dukhani Devi has been maltreated and for that separate case has been registered. It has also been disclosed that accused persons are not willing to let of Mithilesh

Patna High Court Cr.Misc. No.17540 of 2015 (2) dt.12-05-2015 Kumari. From the order impugned as well as from the order impugned as well as stated under Section 164 of the Cr.P.C. it is apparent that in spite of having been under tender age, she also volunteered herself and on account thereof, met with unfortunate incidence. So far petitioner is concerned, it has been disclosed by her that Ramchand Singh, Ganesh Rout, Suresh, Sheochandra have demanded dowry. That means to say, there happens to be omnibus allegation. Moreover, as submitted on behalf of petitioner he is not related with the family of son-in-law of complainant and is under custody since 12.02.2015.

In the aforesaid facts and circumstances of the case, petitioner Shiv Chandra Rout is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Babubarhi P.S. Case No.15 of 2015.

(Aditya Kumar Trivedi, J.) PN/- U T