Dharmendra Bind @ Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18072 of 2024 Arising Out of PS. Case No.-503 Year-2023 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.
Dharmendra Bind @ Dharmendra Kumar S/o Late Mangaru Bind R/o vill - Kohraula, P.S. - Ramgarh, Distt. - Kaimur at Bhabua 2.
Manju Devi @ Sanju Devi W/o Dharmendra Bind @ Dharmendra Kumar R/o vill - Kohraula, P.S. - Ramgarh, Distt. - Kaimur at Bhabua 3.
Umesh Bind S/o Dharmendra Bind @ Dharmendra Kumar R/o vill - Kohraula, P.S. - Ramgarh, Distt. - Kaimur at Bhabua ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Raffa Kumari @ Kajal Kumari S/o Lakkar Prasad Bind R/o vill - Kohraula, P.S. - Ramgarh, Distt. - Kaimur at Bhabua, at present reside with her father namely Lakkar Prasad Bind, R/o Vill - Govindpur, P.S. - Chainpur, Distt. - Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-03-2024 Heard Mr. Tribhuwan Narayan, learned counsel for the petitioners and Mr. Ram Sevak Choudhary, learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Bhabua Complaint Case No. 503 of 2023, dated 20.06.2023 registered for the offences punishable under Sections 498A, 354 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act but the learned Court below has taken cognizance under Section 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.18072 of 2024(2) dt.14-03-2024 2/3
3. Allegations against the petitioners is of demanding motorcycle and finger ring and torture and due to non-fulfillment of the same the complainant was driven out her from matrimonial home.
4. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case merely on the ground that the petitioners are in-laws of the complainant. He further submits that from perusal of the complaint petition, it appears that there is no specific allegation of demand of dowry or torture attributed against these petitioners rather there is general and omnibus allegation against the accused persons including the petitioners. He further submits that petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law and petitioner no. 3 is brotherin-law of the complainant.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VII, Kaimur at Bhabua in connection with
Patna High Court CR. MISC. No.18072 of 2024(2) dt.14-03-2024 3/3 Bhabua Complaint Case No. 503 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-
(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajesh Kumar Verma, J) Ibrar//- U T