Jamun Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29760 of 2024 Arising Out of PS. Case No.-245 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== 1.
Jamun Choudhary Son of Late Shiv Dayal Choudhary @ Shiv Prasad Choudhary Resident of Village- Rahimapur, P.S.- Bidupur, Dist.- Vaishali 2.
Asha Devi Wife of Sri Jamun Choudhary Resident of Village- Rahimapur, P.S.- Bidupur, Dist.- Vaishali 3.
Sonu Choudhary @ Sonu Kumar son of Sri Jamun Choudhary Resident of Village- Rahimapur, P.S.- Bidupur, Dist.- Vaishali 4.
Puja Devi @ Puja Kumari Wife of Sri Sonu Choudhary Resident of VillageRahimapur, P.S.- Bidupur, Dist.- Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bharti Kumari Wife of Sri Manish Kumar, daughter of Sri Ashok Bhagat Resident of Mahnar, Ward No. 17, P.S.- Mahnar, Dist.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Sinha, Advocate For the Opposite Party/s :
Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners are apprehending their arrest in connection with Mahnar P.S. Case No. 245 of 2023, registered on 26.08.2023 for the offences under Sections 498A, 341, 342, 323, 506/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
3. As per prosecution case, the petitioners, who are in-laws of the informant along with co-accused husband of the informant used to demand a motorcycle and Rs. Two lakhs
Patna High Court CR. MISC. No.29760 of 2024(2) dt.15-05-2024 2/3 in dowry and when the demand was not met, they assaulted the informant.
4. Learned counsel for the petitioner submits that the petitioners are innocent and have falsely been implicated in this case. Petitioner nos. 1 and 2 are parents-in-law, petitioner no. 3 is brother-in-law and petitioner no. 4 is sister-in-law of the informant and there is no specific allegation against any of the petitioners. The true fact of the case is that the informant is not ready to live with her husband or his family members. The petitioners and the co-accused husband always tried to maintain good relation with the informant but to no avail. Petitioner nos. 1 is having criminal antecedent of one case in which he has been acquitted whereas petitioner no. 3 is having criminal antecedent of two cases and he has been acquitted in both the cases.
5. Learned APP opposes the submission made on behalf of the petitioners.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioners are in-laws and allegations are nonspecific, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail
Patna High Court CR. MISC. No.29760 of 2024(2) dt.15-05-2024 3/3 bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Hajipur, Vaishali/concerned court in connection with Mahnar P.S. Case No. 245 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions : (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) DKS/- U T