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Patna High CourtCR. MISC./35641/2022allowed

Vishal Kumar v. The State Of Bihar

2022-07-13Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36541 of 2022 Arising Out of PS. Case No.-205 Year-2019 Thana- LADANIA District- Madhubani ====================================================== 1.

RAM PRASAD SAHNI @ MANMOHAN SON OF AWADH SAHNI R/O VILLAGE- DALOKHAR, P.S.- LADANIYA, DISTT.- MADHUBANI 2.

MEENA DEVI WIFE OF RAM PRASAD SAHNI @ MANMOHAN R/O VILLAGE- DALOKHAR, P.S.- LADANIYA, DISTT.- MADHUBANI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SARASWATI DEVI WIFE OF DHARMENDRA SAHNI R/O VILLAGEDALOKHAR, P.S.- LADANIYA, DISTT.- MADHUBANI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr.Uday Pratap Singh, APP Mr.Ravi Prakash, Adv.

Mr.Gagan Deo Yadav, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-09-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. Learned counsel for the petitioners undertakes to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 498(A), 34 IPC and 3⁄4 of Dowry Prohibition Act.

Allegedly, the petitioners being the in-laws of the informant have subjected her to cruelty due to non-fulfillment of demand of dowry and ousted her out of the matrimonial house.

Patna High Court CR. MISC. No.36541 of 2022(2) dt.28-09-2022 2/3 It is further alleged that petitioner no.2 poured kerosene oil over her body and tried to burn her but somehow, she saved herself. 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 petitioners is not specific rather general and omnibus in nature. It is submitted that petitioners are the father-in-law and mother-in-law of the informant and they live separately from the informant and her husband. It is further submitted that they have never made any dowry demand nor have assaulted the informant. Petitioner has no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

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 court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.36541 of 2022(2) dt.28-09-2022 3/3 connection with Ladaniya P.S. Case No.205 of 2019 corresponding to G.R. No.2278/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T