Ganesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25131 of 2025 Arising Out of PS. Case No.-355 Year-2024 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== 1.

Ganesh Prasad Singh S/O Late Raghunandan Singh Resident of Karma Tana Dhanbad, P.s Govindpur, Smart City Road no. 10, Dist.- Dhanbad, Jharkhand.

2.

Punam Devi @ Punam Kumari W/O Ganesh Prasad Singh Resident of Karma Tana Dhanbad, P.s Govindpur, Smart City Road no. 10, Dist.- Dhanbad, Jharkhand.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ragini Kumar W/O Alok Ranjan, D/O Sanjeet Kumar Singh R/O Vill.- Rahimpur Panchkhuti, P.S.- Muffasil, Dist.- Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the State :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-05-2025 Heard Mr. Ashok Kumar, learned counsel for the petitioners as well as Ms. Renu Kumari, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Complaint Case No. 355(C) of 2024 for the offences punishable under Sections 323, 498A, 504, 506 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

3. According to prosecution case, marriage of complainant was solemnized on 22.04.2022 with the co-accused Alok Ranjan. After one month of marriage, the accused persons started demanding a four-wheeler car and Rs. 10 lakh as dowry. It

Patna High Court CR. MISC. No.25131 of 2025(2) dt.07-05-2025 2/3 is further alleged that they abused and assaulted the complainant.

4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case only on the ground that petitioners are in-laws of the complainant. He further submits that although, the petitioners are named in the complaint petition but from perusal of the complaint petition, it appears that no specific allegation of demand of dowry is attributed against the petitioners rather there is general and omnibus allegation against all the accused persons including the petitioners. In fact, the son of the petitioners who happens to be the husband of the complainant has filed a divorce case bearing Original Suit No. 441 of 2024 before the Principal Judge, Family Court, Dhanbad in which the complainant has appeared and given a written statement.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances that the petitioners have clean antecedent and there is no specific allegation of demand of dowry or any assault against the petitioners, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two

Patna High Court CR. MISC. No.25131 of 2025(2) dt.07-05-2025 3/3 sureties of the like amount each to the satisfaction of the learned S.D.J.M., Khagaria in connection with Complaint Case No. 355(C) of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023 and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) priyanka/- U