Saheb Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 2564 of 2020 Arising Out of PS. Case No.-1863 Year-2017 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.
Saheb Prasad aged about 48 years Male S/o Nageshwar Prasad 2.
Sanju Devi aged about 47 years Female W/o Saheb Prasad 3.
Lakshamini Kuar @ Lakshmina Devi aged about 63 years Female, W/o Late Vikrama Prasad. All Resident of Village- Gamhari, P.S.- Baikunthpur, DisttGoplganj, Permanent address- Resident of Village- Arana, P.S.- Masharak, Distt- Saran at Chhapra.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Neha Devi aged about 24 years Female W/o Nitish Kumar, D/o Parashuram Prasad Resident of Village- Gamhari, P.S.- Baikunthpur, Distt- Goplganj, present address- R/o Village- Sonbarsa, P.S.- Baraili, Dist- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Binode Bariar For the Opposite Party/s :
Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
26-02-2020 Heard learned counsel for the parties.
The petitioners apprehend their arrest in Complaint Case No. 1863 of 2017, Trial no. 1414 of 2019 registered for the offence under Sections 498A, 494, 406 of the I.P.C. The prosecution case, in brief, is that the complainant was got married with Nitish Kumar in the year 2015 and thereafter, all the accused persons, including these petitioners, started demanding dowry and due to non-fulfillment of the same, she was subjected to torture & cruelty and finally, she (complainant) was ousted from her matrimonial house. It is submitted on behalf of petitioners that petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law
Patna High Court CR. MISC. No.2564 of 2020(2) dt.26-02-2020 2/2 and petitioner no. 3 is grand mother-in-law respectively of the complainant and specific allegation of demand of dowry and torture is against husband of the complainant. So far as these petitioners are concerned, there is general and omnibus allegation.
Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Niraj Kumar Pandey, learned J.M. 1st Class, Gopalganj in connection with Complaint Case No. 1863/2017 (Trial No. 1414/2019) on the following conditions:
"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T