Ganga Ram Nayak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28980 of 2024 Arising Out of PS. Case No.-602 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== 1.
Ganga Ram Nayak SON OF GANGA RAM NAYAK RESIDENT OF VILLAGE- DANTU, PS- KASMA BOKARO, JHARKHAND 2.
DEVKI DEVI NA RESIDENT OF VILLAGE- DANTU, PS- KASMA BOKARO, JHARKHAND 3.
PANKAJ KUMAR NAYAK SON OF GANGA RAM NAYAK RESIDENT OF VILLAGE- DANTU, PS- KASMA BOKARO, JHARKHAND 4.
PRITY KUMARI @ AKANKSHA PRASAD WIFE FO PANKAJ KUMAR NAYAK RESIDENT OF VILLAGE- DANTU, PS- KASMA BOKARO, JHARKHAND 5.
POONAM KUMARI WIFE OF PRAKASH KUMAR NAYAK RESIDENT OF VILLAGE- DANTU, PS- KASMA BOKARO, JHARKHAND ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Tiwary, Advocate For the Opposite Party/s :
Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-09-2024 Heard the parties.
2. The petitioners are apprehending arrest in connection with Kadamkuan P.S. Case No. 602 of 2023 instituted under Section 498A/34 and 3/4 of Dowry Prohibition Act of the Indian Penal Code lodged on 18.09.2023 by the informant, Puja Kumari.
3. This Court wanted an amicable settlement between the lady and husband but on one pretext or the other, he chose not to appear before this Court.
Patna High Court CR. MISC. No.28980 of 2024(5) dt.20-09-2024 2/3
4. Today also, in the afternoon, when the case was called out, he claimed to have suffered a fracture though the photograph shows that he has only used the anklet to protect his leg. The matter was adjourned for afternoon when he appeared through video conferencing and submitted that for the present, he is unable to come to Patna.
5. The lady wants to have a settlement and further wants to live happily with the husband. The attitude of the husband does not show any positive development.
6. Be that as it may, So far as these petitioners are concerned, they are father-in-law, mother-in-law, sister-in-laws and elder brother-in-law, the roles have been assigned to them in the case and they will suffer the music once the trial starts, for the present, this Court deem it fit and proper that they being the extended family members, the main allegation is against the husband and has also now made allegation against the elder brother Prakash Kumar Nayak, it would be appropriate that other family members be extended the privilege of anticipatory bail.
7. Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing
Patna High Court CR. MISC. No.28980 of 2024(5) dt.20-09-2024 3/3 bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Kadamkuan P.S. Case No. 602 of 2023 to the satisfaction of learned J.M.F.C.XIV, Patna subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall co-operate in the investigation and make themselves available to the police as and when required;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
(Rajiv Roy, J) Ravi/- U T