Chandradeo Rai @ Chanardeo Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No. 19538 of 2020 ======================================================
1. Chandradeo Rai @ Chanardeo Rai, son of late Raghunath Rai.
2. Prabhawati Devi @ Prabhuawati Devi, wife of Chandradeo Rai @ Chanardeo Rai both are resident of village-Mauza Moglahi, P.S.- Fulwariya (Shripur O.P.), District-Gopalganj.
3. Satendra Rai @ Satyendra Rai @ Satyendra Singh, son of Bunnilal Rai.
4. Ranju Devi @ Raju Devi, wife of Satendra Rai @ Satyendra Rai @ Satyendra Singh.
5. Phulkanti Devi @ Fulkanti Devi, wife of Ramakant Rai.
6. Geyanti Devi @ Gyanti Devi, wife of Ramji Rai All are resident of village- Mauza Lachwar, P.S.-Thawey, DistrictGopalganj. ... ... Petitioners
Versus
1. The State of Bihar
2. Mintu Devi, wife of Manoj Kumar Rai @ Manoj Rai, resident of village- Moglahi, P.S.- Fulwariya (Shripur O.P.), District-Gopalganj, daughter of Amarjeet Singh, R/o Village-Piprakhas, P.S.-Mirganj, District-Gopalganj. .. ... Opposite Parties ====================================================== Appearance :
For the Petitioners :
Mr. Lokesh Kumar Singh, Advocate Mr. Abhishek Kumar Singh, Advocate For the Respondent State:
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2020 Heard Mr. Lokesh Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Vinod Shanker Modi, learned Additional Public Prosecutor, for the State of Bihar.
This application for grant of anticipatory bail arises out of C. Case (Reg.) No. 112 of 2017, registered for the offence punishable under Section 498A of the Indian Penal Code. Petitioner No.1 is the father of husband of the informant, whereas petitioner No.2 is the mother. All the
persons, named in the F.I.R., appear to be related to the husband of the informant. There is stated that the marriage of the informant with son of petitioners No. 1 and 2 was solemnized on 02.05.2009. There is allegation of demand of dowry and assertion that village panchayat had unsuccessfully intervened to resolve the matrimonial dispute.
It is being argued on behalf of the petitioners that matrimonial discord is the reason behind lodging of a false criminal case and even if, what has been asserted in the complaint petition is treated to be correct on its face value, there was no complain of any demand of dowry during first 7-8 years of marriage. It has been stated in the petition that the husband of the complainant is ready to keep the victim with full honour and dignity.
Considering the background, in which the petitioners have been implicated, as has been noted above, this application is allowed.
Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail 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 A.C.J.M.-XIII, Gopalganj, in C. Case (Reg.) No. 112 of 2017, subject to the
conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. It is indicated that defect, if any, shall be removed within two months.
Since there is a lock down, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the
learned Court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.
(Chakradhari Sharan Singh, J) Pawan/- U T