Sahdeo Bhagat And ORS. v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14459 of 2019 Arising Out of PS. Case No.-1105 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.

Sahdeo Bhagat, Son of Late Ramautar Bhagat 2.

Nilesh Kumar S/o Sahdeo Bhagat 3.

Jalandhar Bhagat @ Jalendhar Bhagat @ Jalandhar Kumar Son of Sahdeo Bhagat, 4.

Baby Devi W/o Jalandhar Bhagat @ Jalendhar Bhagat @ Jalandhar Kumar 5.

Nirmala Devi Daughter of Sahdeo Bhagat 6.

Nawal Bhagat @ Nawal Kumar Son of Sahdeo Bhagat 7.

Siya Devi @ Siya Janki Devi Wife of Sahdeo Bhagat All are residents of village-Basantpur, P.S.-Paroo, District-Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mina Devi, Wife of Awadh Kishore Bhagat, daughter of Sakal Bhagat, At present Resident of Village-Repura Rampur Balli, P.S-Saraiya, DistrictMuzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-07-2019 The petitioners apprehend their arrest in connection with Complaint Case No. 1105 of 2017, Trial No. 4282 of 2018 registered under Sections 379 and 498A of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act. Allegation against the petitioners is that the petitioners along with husband of opposite no. 2 demanded a sum of Rs. 1,00,000/- as dowry and on non-fulfillment of demand, they

Patna High Court CR. MISC. No.14459 of 2019(6) dt.11-07-2019 2/3 used to torture opposite party no. 2 mentally and physically. Learned counsel for the petitioners submits that the allegation made in the complaint is general and omnibus in nature and they all are family members of husband of O.P. No.2, namely, Awadh Kishore Bhagat. Learned counsel for the petitioners submits that petitioner no.1 is father-in-law, petitioner no. 2 is Dewar, petitioner no.3 is Bhaisur, petitioner no.4 is Gotani, petitioner no.5 is married Nanad, petitioner no.6 is villager and petitioner no.7 is mother-in-law. It appears that despite notice to O.P.No. 2, nobody appeared on her behalf.

After having heard learned counsel for the petitioners, learned counsel for the State and taking into consideration the fact that allegation of demand of dowry against these petitioners, who are father-in-law, mother-in-law, other relatives of husband of O.P.No. 2, I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., West Muzaffarpur in connection with

Patna High Court CR. MISC. No.14459 of 2019(6) dt.11-07-2019 3/3 Complaint Case No. 1105 of 2017, Trial No. 4282 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Sujit/ S. Katyayan/- U T