Manikant Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11305 of 2020 Arising Out of PS. Case No.-579 Year-2019 Thana- COMPLAINT CASE District- Banka ====================================================== 1.

Manikant Sah S/o Sri. Karu Sah Resident of Village - Shyam Bazar, P.O.- Shyam Bazar, Police Station - Bounsi, District - Banka. 2.

Karu Sah S/O Lt. Singheshwar Sah Resident of Village - Shyam Bazar, P.O.- Shyam Bazar, Police Station - Bounsi, District - Banka. 3.

Manoj Kumar Sah @ Manoj kumar Son of Manikant Sah Resident of Village - Shyam Bazar, P.O.- Shyam Bazar, Police Station - Bounsi, District - Banka.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Soni Kumari W/O Sanjay Kumar @ Sanjay Kr. Sah D/O Sri. Lalmohan Mandal, R/O Village - Bhandarichak, P.O. Dahua, Police Station- Baonsi, District- Banka.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-06-2020 Heard learned counsel for the parties through video conferencing.

Three petitioners seek bail in Complaint Case No. 579 of 2019 registered for the offence under Sections 341, 323, 498A, 379, 504/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

As per prosecution case, the complainant was married with son of petitioner no. 1 on 01-05-2017. Thereafter, it is alleged that on 25-07-2017, the complainant was brutally

Patna High Court CR. MISC. No.11305 of 2020(2) dt.23-06-2020 2/3 assaulted and ousted from her matrimonial house due to nonfulfillment of further demand of either Rupees five lac or to register the house situated at Shyam Bazar in the name of petitioner no. 1, as dowry. It is further alleged that on 25-02-2018, a panchayati was held, in which, son of petitioner no. 1 promised to keep the complainant with full dignity & honour and took her away to her matrimonial home, but again on 15-04-2018, husband of the complainant, including petitioners, brutally assaulted the complainant and ousted her from her matrimonial home.

It is submitted on behalf of petitioners that petitioners are innocent and have committed no offence. Petitioner no. 1 is father-in-law, petitioner no. 2 is grand father-in-law and petitioner no. 3 is Devar (younger brother of husband of complainant) and they have falsely been implicated in this case. There is general and omnibus allegation and no specific allegation has been made against any of the petitioners. It is further submitted that petitioners have no concern with the family affairs of complainant and her husband and they are living separately. Petitioners have no criminal antecedent. Considering the aforesaid facts and circumstances, the anticipatory bail application is allowed.

Patna High Court CR. MISC. No.11305 of 2020(2) dt.23-06-2020 3/3 In the event of arrest or surrender within a period of six weeks from today, let the above-named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Complaint Case No. 579 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay U T