Subhash Dubey @ Subhash Chander Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20954 of 2025 Arising Out of PS. Case No.-833 Year-2024 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

Subhash Dubey @ Subhash Chander Dubey, son of late Ramashish Dubey, r/o Village -Thikaha, PO -Thikaha Bhawanipur, P.S -Sangrampur, Dist- East Champaran, Motihari.

2.

Sima Devi, wife of Subhash Dubey, r/o Village -Thikaha, P.O. -Thikaha Bhawanipur, P.S -Sangrampur, Dist- East Champaran 3.

Pankaj Dubey @ Pankaj Kumar Dubey, Son of Subhash Dubey, r/o Village -Thikaha, P.O. -Thikaha Bhawanipur, P.S.-Sangrampur, Dist- East Champaran 4.

Anil Pandey @ Anil Kumar Pandey, son of Chayan Pandey, r/o Village - Goshiyar, P.S.- Sangrampur, Dist- East Champaran. 5.

Priyanka Devi @ Ranju Devi, wife of Anil Pandey, r/o Village - Goshiyar, P.S.- Sangrampur, Dist- East Champaran ... ... Petitioners

Versus

1.

The State of Bihar 2.

Kumri Subhya @ Jyoti, Wife of late Deepak Kumar Dubey, r/o Village - Thikaha, P.O.- Thikaha Bhawanipur, P.S. - Sangrampur, Dist- East Champaran, Motihaari.

... ... Opposite Partys ====================================================== Appearance :

For the Petitioners :

Mr. Umashankar Verma, Advocate.

Ms. Kumari Anjali, Advocate.

For the State :

Dr. Indiwar Kumari, APP For the Complainant :

Mr. Dhurendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 01-05-2025 Heard learned counsel for the petitioners, learned APP for the State and Learned counsel for the Complainant/O.P. No.2.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Complaint Case No. 833 of 2024, dated 16.4.2024 filed for the offences punishable under Sections 323, 498(A), 406, 420,

2/4 506/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

3. As per allegation, the Complainant Kumari Subhya @ Jyoti was married with Deepak Kumar Dubey on 25.06.2019 according to Hindu rites and customs and subsequent to marriage, she had joined her husband at matrimonial home and two children were born out of their wedlock. However, unfortunately, her husband died and the informant is being harassed by the parents-in-law, sister-in-law and brother-in-law who are petitioners herein and they have ousted her from the matrimonial home.

4. Learned counsel for the petitioners submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that there is no truth in the allegation. He also submits that the complainant/wife is always welcome to live in the matrimonial home and at this stage, learned counsel for the Complainant submits that the Complainant will go and reside in the matrimonial home.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the

3/4 petition that the petitioners have no criminal antecedents.

7. Learned APP for the State and Learned counsel for the Complainant/O.P. No.2 vehemently oppose the prayer of the petitioners for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned court below in connection with Complaint Case No. 833 of 2024, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court

4/4 below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(iii) That the petitioners will not repeat the offence. (Jitendra Kumar, J) S.Ali/- U T