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Patna High CourtCR. MISC./15408/2020bail granted

Ramdeo Sah @ Ramdew Shah v. The State Of Bihar

2020-09-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15408 of 2020 Arising Out of PS. Case No.-198 Year-2017 Thana- BARGAINIA District- Sitamarhi ====================================================== 1.

Ramdeo Sah @ Ramdew Shah, aged about 55 years, Male, Son of Late Sakhi Chand Sah, Resident of Village - Dostiya, Phulwariya, P.S.- Kundwa Chainpur, Distt - East Champaran.

2.

Kaushalya Devi @ Koushalya Devi, aged about 52 years, Female, Wife of Ramdev Sah @ Ramdew Shah, Resident of Village - Dostiya Phulwariya, P.S.- Kundwa Chainpur, Distt - East Champaran. 3.

Neelam Kumari, aged about 25 years, Female, D/o Ramdev Sah @ Ramdew Shah, Resident of Village - Dostiya Phulwariya, P.S.- Kundwa Chainpur, Distt - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-09-2020 Heard Mr. Ravindra Kumar, learned counsel for the petitioners and Mrs. Sangeeta Sharma, learned Additional P.P. through video conferencing.

The petitioners apprehend their arrest in Bargainia P.S. Case No.198 of 2017, registered under Section 498 (A) of the Indian Penal Code and under Sections 3⁄4 of the Dowry Prohibition Act.

The informant, Kiran Devi is the daughter-in-law of petitioners no.1 and 2. It is alleged that the petitioners demanded additional dowry and subjected the informant to physical and mental torture.

Learned counsel for the petitioners submits that the petitioners are father-in-law, mother-in-law and sister-in-law of

Patna High Court CR. MISC. No.15408 of 2020(3) dt.23-09-2020 2/2 the informant. Petitioners never demanded any dowry nor ever tortured the informant. The husband of the informant is living outside his house to earn his livelihood. The informant wanted that her husband should live with her in her parents house and that is why this case has been lodged. It is further submitted that immediately after institution of the present case, the informant, Kiran Devi lodged Complaint Case No.1704 of 2017 with almost same and similar allegations.

Taking into consideration the facts and nature of allegations made against the petitioners and the fact that the petitioners are father-in-law, mother-in-law and sister-in-law of the informant, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be enlarged 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 S.D.J.M., Sadar, Sitamarhi in connection with Bargainia P.S. Case No.198 of 2017, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T