Kanhaiya Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3803 of 2023 Arising Out of PS. Case No.-706 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.
KANHAIYA THAKUR SON OF LATE HUKUM THAKUR R/O VILLAGE- PATAURA, P.S.- MUFFASIL, DISTRICT- EAST CHAMPARAN 2.
MANI DEVI WIFE OF KANHAIYA THAKUR R/O VILLAGEPATAURA, P.S.- MUFFASIL, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
SONI KUMARI D/O RAMAKANT SINGH R/O VILLAGENARKATIYA, P.S.- DHAKA, DISTRICT- EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Gauri Shankar Gupta, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 498A, 34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.
Allegedly, petitioners are said to have tortured upon the informant physically and mentally over the dowry demand. It is submitted by learned counsel for the petitioners that petitioners are father-in-law and mother-in-law of the informant, respectively. Petitioners are quite innocent and have
Patna High Court CR. MISC. No.3803 of 2023(2) dt.10-02-2023 2/2 committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They have never assaulted the informant. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Muffasil P.S. Case No.706 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T