Visheshwar Kamat @ Visheshwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25888 of 2025 Arising Out of PS. Case No.-283 Year-2024 Thana- PHULPARAS District- Madhubani ====================================================== 1.

Visheshwar Kamat @ Visheshwar S/o Bahur Kamat @ Bahuru Kamat Resident of village- Dullipatti @ Hulashpatti, P.S- Jaynagar, DistrictMadhubani 2.

Nirmala Devi W/o Visheshwar Kamat @ Visheshwar Resident of villageDullipatti @ Hulashpatti, P.S- Jaynagar, District- Madhubani 3.

Sanju Devi W/o Ajay Kamat Resident of village- Dullipatti @ Hulashpatti, P.S- Jaynagar, District- Madhubani 4.

Ajay Kamat W/o Visheshwar Kamat @ Visheshwar Resident of villageDullipatti @ Hulashpatti, P.S- Jaynagar, District- Madhubani 5.

Vinay Kamat @ Vinay Kumar S/o Visheshwar Kamat @ Visheshwar Resident of village- Dullipatti @ Hulashpatti, P.S- Jaynagar, DistrictMadhubani ... ... Petitioners

Versus

1.

The State of Bihar 2.

Kavita Kumari W/o Vivek Kamat, D/o Harkhit Kamat R/o vill - Bharha, Bathnaha, P.S.- Phulparash, Distt.- Madhubani ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Subhash Kumar Jha, Adv.

For the State :

Mr. Anil Kumar, APP For the O.P. No. 2 Mr. Gagan Deo Yadav, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-09-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioners are apprehending their arrest in connection with Phulparash P.S. Case No. 283 of 2024

2/4 corresponding to G.R. No. 1073 of 2024 registered for the offences punishable under Sections 126(1), 115(2), 76, 303(2), 352, 351(2), 351(3), 85, 3(5) of Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, petitioners and other are said to have assaulted the informant for non-fulfillment of demand of dowry. It is alleged that husband of the informant snatched the informant's daughter.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Learned counsel further submits that petitioners no. 1 and 2 are parents-in-law, petitioner no. 3 is sister-in-law and petitioners no. 4 and 5 are brother-in-law of opposite party no. 2 and they are living separately from the family of opposite party no. 2 and her husband and they never used to interfere in the family affairs of opposite party no. 2. Learned counsel further submits that allegation against the petitioners are general and omnibus in nature. There is no specific allegation against any of the petitioners. Apart from that, petitioners have clean antecedent. He further submits that petitioners have nothing to do with the informant's daughter as there is allegation in the FIR itself that informant's husband has snatched informant's

3/4 daughter.

5. The learned A.P.P. for the State and learned counsel for opposite party no. 2 opposed the prayer for anticipatory bail of the petitioners and submitted that petitioners have participated in the alleged occurrence and hence, they cannot escape from the allegation made in the FIR.

6. Considering the facts and circumstances of the case, petitioners are in-laws of opposite party no. 2 and they are living separately from the family of opposite party no. 2 and have no say in the family affairs of opposite party no. 2, keeping in view clean antecedent of the petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-2nd, Jhanjharpur, Madhubani in connection with Phulparash P.S. Case No. 283 of 2024 corresponding to G.R. No. 1073 of 2024, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

4/4

7. The application stands allowed.

(Alok Kumar Pandey, J) shahzad/- U T