Kodai Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10076 of 2019 Arising Out of PS. Case No.-266 Year-2018 Thana- MAHESI District- East Champaran ====================================================== 1.

Kodai Ram, Son of Late Harihar Ram, Resident of Village - Ujhilpur, P.S.- Mehsi, Distt.- East Champaran 2.

Nirmala Kumari, daughter of Kodai Ram, Village - Ujhilpur, P.S.- Mehsi, Distt.- East Champaran 3.

Gangiya Devi, wife of Kodai Ram Village - Ujhilpur, P.S.- Mehsi, Distt.- East Champaran ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sangeeta Kumari, daughter of Jai Kishun Ram. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-06-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mehsi P.S. Case No. 266 of 2018, registered under Sections 323, 341, 354A and 498A/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

The accusation is of torturing the informantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and also removing from her matrimonial house.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.10076 of 2019(7) dt.24-06-2019 2/2 house of petitioner no.1 is 100 yards away from the house of parents of informant and parents of informant made attempt to perform the marriage of informant with son of petitioner no. 1 but petitioner no.1 refused to perform the marriage, as the age of his son was below 18 years, which would appear from annexure 2, due to that reason the present case has been lodged with false allegation.

Having regard to the facts and circumstances of the case, 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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the 6th Additional Chief Judicial Magistrate, East Champaran at Motihari, in connection with Mehsi P.S. Case No. 266 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T