Bhubneshwar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16337 of 2022 Arising Out of PS. Case No.-450 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.
BHUBNESHWAR SINGH Son of Deo Balam Singh Resident of MohallaNew Mainpura, Post- Saguna Near Aakash Community Hall, New Mainpura, Saguna, P.S.- Danapur, District- Patna. 2.
Mina Devi W/o Bhubneshwar Singh Resident of Mohalla- New Mainpura, Post- Saguna Near Aakash Community Hall, New Mainpura, Saguna, P.S.- Danapur, District- Patna.
3.
Prince Kumar @ Munna Son of Bhubneshwar Singh Resident of MohallaNew Mainpura, Post- Saguna Near Aakash Community Hall, New Mainpura, Saguna, P.S.- Danapur, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Prerna Kumari W/o Ranjan Singh Resident of Mohalla- New Mainpura, Post- Saguna Near Aakash Comunity Hall, New Mainpura Saguna, P.S.- Danapur, District- Patna at present resident of D/o Brajesh Kumar, Bank Colony, P.S.- Buxar Town, District- Buxar and Pharsi Mohalla, Ward No.6, P.S.- Mokama, District- Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shambhu Sharan Singh, Adv For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP Mr. Rajni Kant Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2022 Heard the parties.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 498 IPC and 3⁄4 of
Patna High Court CR. MISC. No.16337 of 2022(2) dt.11-08-2022 2/3 Dowry Prohibition Act.
Allegedly, the petitioners visited the parental house of the O.P.no.2 and demanded Rs.20 lakhs as dowry. On such demand the parents of O.P. No.2 transferrred Rs.11 lakhs in the account of petitioner no.1 but the petitioners kept demanding more dowry. When the father of the O.P. No.2 took her to her matrimonial house, all the in-laws including the petitioners assaulted and threw her out of the house.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The petitioners are the in-laws of the O.P. No.2. He further submits that after filing of divorce case by the husband of the O.P. No.2, the present case has been filed by the O.P. No.2. Petitioners have no criminal antecedent. Petitioners are ready to return Rs.11,00,000/- (Rupees Eleven Lakhs) to opposite party No.2, as per the bank account details furnished by her in the learned Court below. Having regard to the facts and circumstances of the case, since the petitioners are ready to return the said amount, let the
Patna High Court CR. MISC. No.16337 of 2022(2) dt.11-08-2022 3/3 above named petitioners be released on provisional 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 court below where the case is pending/Successor Court in Complaint Case No.450(C) of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Learned Court below is directed to confirm the provisional bail of the petitioners after deposit of the entire undertaken amount within the stipulated period. (Anjani Kumar Sharan, J) shikha/- U T