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Patna High CourtCR. MISC./15519/2019bail granted

Ram Prasad Das @ Prasadi Das v. The State Of Bihar

2019-04-11Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15519 of 2019 Arising Out of PS. Case No.-936 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Ram Prasad Das @ Prasadi Das, Son of Late Puna Das, Residence of Village-Ganga Sarai, P.S.-Bodhia, District-Lakhisarai. 2.

Gautam Kumar Das @ Gautam Das, S/o Ram Prasad Das (Brother in law), Residence of Village-Ganga Sarai, P.S.-Bodhia, District-Lakhisarai. 3.

Neelam Devi, W/o Gautam Das (Gotni), Residence of Village-Ganga Sarai, P.S.-Bodhia, District-Lakhisarai.

4.

Sarita Devi, D/o Ram Prasad Das, W/o Late Krishna Prasad (Nanad), Residence of Village-Ganga Sarai, P.S.-Bodhia, District-Lakhisarai. 5.

Mukesh Kumar, S/o Kaleshwar Ravidas (Nandoshi), Residence of VillageGanga Sarai, P.S.-Bodhia, District-Lakhisarai. 6.

Meena Kumari, D/o Late Krishna Prasad (Daughter of Nanad), Residence of Village-Ganga Sarai, P.S.-Bodhia, District-Lakhisarai. 7.

Susma Devi, W/o Mukesh Kumar (Nanad), Residence of Village-Ganga Sarai, P.S.-Bodhia, District-Lakhisarai.

8.

Adarsh Das @ Adarsh Kumar Das, S/o Ram Prasad Das (Dewar), Residence of Village-Ganga Sarai, P.S.-Bodhia, District-Lakhisarai. 9.

Geetanjli Devi @ Geetanjli Das, W/o Adarsh Kumar (Gotni), Residence of Village-Ganga Sarai, P.S.-Bodhia, District-Lakhisarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kiran Kumari, W/o Kanchan Kumar Das, D/o Bhola Prasad, Resident of Village/Mohalla-Ram Krishna Mandir Noon ka Chouraha, P.S.-Khajekalan, District-Patna.

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

For the Petitioner/s :

Mr. Aslam Ansari For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-04-2019 Heard learned Counsels for the petitioners and learned APP for the State.

The petitioners, being the father, brother, brother's wife,

Patna High Court CR. MISC. No.15519 of 2019(3) dt.11-04-2019 2/3 sister in law's daughter, brother-in-law and sister-in-law of the husband of the complainant, are apprehending arrest in a complaint case, wherein process has been directed to be issued after cognizance, being taken for the offences punishable under Sections 498A, 323, 341, 379, 420, 406, 504 and 149 of the Indian Penal Code.

The prosecution case as per the complaint petition is that the complainant was married with Kanchan Kumar Das on 30.04.2017, but subsequent to the marriage, torture was inflicted upon the informant by the husband of the complainant and inlaw family members. It is further alleged that the husband of the complainant has illicit relationship with one Meena Kumari and he has performed marriage with complainant only to get some monetary advantage.

It is submitted by learned counsel for the petitioners that the general and omnibus accusation has been made against the petitioners and the thrust of accusation is against the husband of the complainant. 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 there is specific accusation against the petitioners.

Patna High Court CR. MISC. No.15519 of 2019(3) dt.11-04-2019 3/3 Considering the fact that the thrust of accusation against the husband of the complainant and omnibus and general accusation against the petitioners, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above 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 ACJM-IV, Patna City, Patna in connection with Complaint Case No.936 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U