Amar Nath Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23232 of 2019 Arising Out of PS. Case No.-784 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.
Amar Nath Sinha aged about 68 years (Male), Son of Late Bijendra Mohan Sinha 2.
Chhaya Kumari, aged about 59 years (Female), Wife of Amar Nath Sinha Both resident of Mohalla-Paithanpura, Babu Tola, P.S-Kahalgaon, DistrictBhagalpur. 3.
Mukesh Kumar Ghosh, aged about 52 years (Male), Son of Late Murli Bhushan Ghosh 4.
Pranita Kumari Ghosh, aged about 42 years (Female), Wife of Mukesh Kumar Ghosh 5.
Shankari Bala Ghosh, aged about 80 years (Female) Wife of Late Murli Bhushan Ghosh All Resident of Mohalla-Bari Khanjarpur, Coha Kothi, Near D.I.G Office, P.S.-Barari, District-Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiwesh Chandra Mishra, Adv.
For the Opposite Party/s :
Mr. M. K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Kotwali (Barari) P.S. Case No. 784 of 2018 registered for offences under sections 341, 504, 506 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. As per First Information Report, the marriage of the daughter of the Informant was solemnized with Ammrit
Patna High Court CR. MISC. No.23232 of 2019(2) dt.11-04-2019 2/3 Sinha, as the family members of the husband of the daughter of the Informant were torturing her, the Informant called his daughter and she was living with him. It has been alleged that on 9.11.2018 at 12 Noon, the accused persons came to his house in agitated mood and resorted to altercation and threatened that they will get the second marriage of Ammrit Sinha. It has further been alleged that they were demanding dowry, when the money was not given to them, the accused persons have committed the offence for fulfillment of dowry. Learned counsel for the petitioners submits that for the same incident, the daughter of the Informant has also filed a complaint vide Complaint Case No. 528 of 2018.
He further submits that the entire family members including the distant relatives have been made accused in the present case. Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released 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 learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No.
Patna High Court CR. MISC. No.23232 of 2019(2) dt.11-04-2019 3/3 under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T