Ambika Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9793 of 2020 Arising Out of PS. Case No.-871 Year-2019 Thana- MASAUDHI District- Patna ====================================================== 1.

AMBIKA PRASAD Son of Late Kedar Ram Resident of Village-Side of Block, Bhagwan Ram P.S.-Masaurhi, District-Patna. 2.

Om Prakash Son of Ambika Prasad Resident of Village-Side of Block, Bhagwan Ram P.S.-Masaurhi, District-Patna.

3.

Raj Kumar Son of Ambika Prasad Resident of Village-Side of Block, Bhagwan Ram P.S.-Masaurhi, District-Patna.

4.

Vikash Kumar Son of Ambika Prasad Resident of Village-Side of Block, Bhagwan Ram P.S.-Masaurhi, District-Patna.

5.

Sunita Devi Son of Lalit Prasad Resident of Village-Side of Block, Bhagwan Ram P.S.-Masaurhi, District-Patna.

6.

Lalit Prasad @ Lalit Kumar Son of Late Sri Bhagwan Ram Resident of Village-Side of Block, Bhagwan Ram P.S.-Masaurhi, District-Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Madhu Kumari Wife of Munna Kumar, D/o Late Rameshwar Prasad Singh Resident of Village-Bajrangpuri Gay Ghat, P.S.-Aalamganj, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2020 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners, being the father, brother, nephew, siter and brother-in-law of the husband of the informant, are apprehending arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.9793 of 2020(2) dt.03-03-2020 2/3 The prosecution case got initiated on the basis of written report of Madhu Kumari submitted before the Station House Officer, Masaurhi Police Station is to the effect that the informant Madhu Kumari's marriage was performed with Munna Kumar on 19th May 2019., but subsequent to the marriage, further dowry demand was made and due to nonfulfillment of of the same, torture was inflicted upon the informant. It is specifically alleged that on 06.12.2019, the informant was assaulted by her husband for non-fulfillment of further dowry demand of Rupees Five Lac.

It is submitted by learned counsel for the petitioners that the accusation against the petitioners is omnibus and general and the thrust of accusation is against the husband of the informant. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioners are named in the FIR.

Considering the omnibus and general accusation against the entire in-laws family members, including the petitioners and statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above

Patna High Court CR. MISC. No.9793 of 2020(2) dt.03-03-2020 3/3 named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 learned SDJM, Masaurhi, Patna, in connection with Masaurhi P.S. Case No.871 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T