Kapileshwar Mahato @ Kapaleshwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6298 of 2023 Arising Out of PS. Case No.-164 Year-2020 Thana- LAKHNAUR District- Madhubani ====================================================== 1.

Kapileshwar Mahato @ Kapaleshwar Son of Late Nathuni Mahto R/VHarbhanga, P.s- Lakhnour (R.S.O.P) Dist- Madhubani 2.

Umesh Kumar Mahto @ Umesh Kumar Son of Kapileshwar Mahato @ Kapaleshwar R/V- Harbhanga, P.s- Lakhnour (R.S.O.P) Dist- Madhubani 3.

Anokha Devi @ Anokh Devi @ Anokhi Kumari @ Anokhi Devi Wife of Umesh Kumar Mahto @ Umesh Kumar R/V- Harbhanga, P.s- Lakhnour (R.S.O.P) Dist- Madhubani 4.

Buchiya Devi Wife of Kapileshwar Mahato @ Kapaleshwar R/VHarbhanga, P.s- Lakhnour (R.S.O.P) Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anita Devi Wife of Ramesh Kumar R/V- Harbhanga P.S- Lakhnour (R.S.O.P) Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-04-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 498 A and other allied sections of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

As per the prosecution case, there is allegation of commission of torture and harassment for non-fulfillment of demand of dowry. It is further alleged that all the accused

Patna High Court CR. MISC. No.6298 of 2023(2) dt.13-04-2023 2/2 persons including petitioners assaulted the informant, her father and took cash from his father and ousted the informant from her matrimonial home.

It is submitted that petitioner no. 1 is father-in-law, petitioner no. 2 is brother-in-law, petitioner no. 3 is sister-in-law and petitioner no. 4 is mother-in-law of the informant. Thrust of accusation is against husband of the informant. So far as these petitioners are concerned, there is general and omnibus allegation. Petitioners claim clean antecedents. Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Lakhnour (R.S.O.P) P.S. Case No. 164 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T