Kailash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26135 of 2021 Arising Out of PS. Case No.-2478 Year-2019 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.

KAILASH RAI Son of Late Nandan Rai Resident of Village - Bada Jagarnath, P.S.- Ahiyapur, Distt.- Muzaffarpur. 2.

URMILA DEVI W/O KAILASH RAI Resident of Village - Bada Jagarnath, P.S.- Ahiyapur, Distt.- Muzaffarpur.

3.

SAURAV RANJAN SON OF KAILASH RAI Resident of Village - Bada Jagarnath, P.S.- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioners.

Versus

1.

The State of Bihar 2.

Renu Mala W/O Gaurav Ranjan, D/o Late Achhe Lal Rai Resident of Village - Bada Jagarnath, P.S.- Ahiyapur, Distt.- Muzaffarpur., At present D/o Late Achhe Lal Rai, Resident of Village - Karnpur Uttari, Tola Shantipur, P.S.- Bochahan, Distt.- Muzaffarpur. ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Anand For the Opposite Party/s :

Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323 &

Patna High Court CR. MISC. No.26135 of 2021(2) dt.15-12-2021 2/3 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

All the petitioners in association of his family members are said to have tortured and ousted the complainant along with his children from her matrimonial home on nonfulfillment of demand of dowry. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioner no.1 is the father-inlaw, petitioner no.2 is the mother-in-law and petitioner no.3 is Devar of the complainant and they are living separately with the complainant and her husband. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.26135 of 2021(2) dt.15-12-2021 3/3 connection with Complaint Case No.2478 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T