Madhu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33724 of 2023 Arising Out of PS. Case No.-1677 Year-2021 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

MADHU KUMARI W/O KAMAL KISHORE DAS @ PAPPU Resident of Village- Bari Ballia, P.S.- Ballia, District- Begusarai. 2.

KAMAL KISORE DAS @ PAPPU S/O LATE JAGDISH DAS Resident of Village- Bari Ballia, P.S.- Ballia, District- Begusarai. 3.

SIDHU KUMAR @ ADARASH KUMAR @ KRISH KUMAR S/O KAMAL KISHORE DAS @ PAPPU Resident of Village- Bari Ballia, P.S.- Ballia, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

AYODHYA SAHU S/O LATE BHATU SAHU Resident of Village- Chhoti Billa Patel Chauk Ward No.- 02, P.S.- Ballia, District- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Yadav , Advocate For the Opposite Party/s :

Mr. Surendra Kumar , APP For the Informant :

Sandip Kumar Gautam , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 323 , 504, 386 and 379 of the Indian Penal Code.

3. As per prosecution case , these petitioners along with other co-accused persons came to the house of complainant

Patna High Court CR. MISC. No.33724 of 2023(5) dt.21-09-2023 2/3 and armed with weapons assaulted and threatened the complainant for the demand of dowry and also took away some important papers, ornaments, cloths and some cash from the house of the complainant.

4. It is submitted on behalf of the petitioners that both the parties are neighbour and due to petty dispute a scuffle took place in between the parties. Not a single penny was delivered by the informant to these petitioners as such, no case is made out under section 386 of the I. P . C . Allegation is general and omnibus. There is no injury report on the record. F.I.R has been lodged after the delay of four days for which there is no plausible explanation which itself creates doubt over the veracity of the entire prosecution . Rest of the allegation is super-addition to make the case grave .

5. Learned counsel for the State and Informant vehemently oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged 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 the learned J . M. 1st Class Begusarai in connection with

Patna High Court CR. MISC. No.33724 of 2023(5) dt.21-09-2023 3/3 Complaint Case No. - 1677 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T