Chhotelal Murmu And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30091 of 2015 Arising Out of PS.Case No. -270 Year- 2014 Thana -COMPLAINT CASE District- BANKA ======================================================
1. Chhotelal Murmu, S/o. late Binu Murmu,
2. Sugiya Devi, W/o. Chhotelal Murmu,
3. Binod Murmu, S/o. Chhotelal Murmu, All resident of village-Harikura, P.S. Katoria, District-Banka. .... .... Petitioner/s
Versus
1. State of Bihar,
2. Shakuntala Devi, D/o. Budhan Chauray, R/o. Chedi Peerha, P.O.+ P.S. Chanan, District- Banka. Presently resided at Vill- Harikura, P.S. Katoria, District- Banka.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate. For the Opposite Party/s : Mr. Navin Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2015 The petitioners are apprehending their arrest in connection with Complaint Case No.270 of 2014 for the offences instituted under Sections 323,379 and 498A of the I.P.C. and Section 4 of the D.P.Act.
Heard learned counsel for the petitioners and learned counsel for the State.
Prosecution case, in short, is that the complainant was married with co-accused 4-5 years ago. At the time of marriage her father gave gold, silver ornament and cash of Rs.25,000/-. After her marriage the complainant was living happily for 3-4 years in her matrimonial house and one male child was born from the wedlock of the co-accused Ashok Murmu. Thereafter, accused persons started demanding Rs.20,000/- and on non-fulfilment of the dowry she was
Patna High Court Cr.Misc. No.30091 of 2015 (2) dt.29-07-2015 2/2 ousted from her matrimonial house.
On behalf of the petitioners it is submitted that petitioner No.1 is father-in-law, petitioner No.2 is mother-in-law and petitioner No.3 is brother-in-law (bhaisur) of the complainant. It is further submitted that petitioners are separate in mess and property and, hence, petitioners have no concern with the husband of the complainant. On behalf of the State it has been submitted that the petitioners are named in the complainant.
Considering the aforesaid facts and circumstances, it is directed that the petitioners shall 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 in connection with Complaint Case No.270 of 2014 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., Banka, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J.) Mkr./- U T