Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30211 of 2024 Arising Out of PS. Case No.-6 Year-2021 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== 1.

Kanti Devi W/O Late Vindhyachal Ram @ Rupchand Nat @ Vindhyachal Singh R/O Village- Sikariya, Mednipur, P.S- Karakat (Godari), Distt.- Rohtas.

2.

Ravi Ranjan Kumar S/O Late Vindhyachal Ram @ Rupchand Nat @ Vindhyachal Singh R/O Village- Sikariya, Mednipur, P.S- Karakat (Godari), Distt.- Rohtas.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Chhaya Devi W/O Dilip Nat @ Jyoti Nat R/O Village- Sikariya, P.SKarakat (Godari), Distt.- Rohtas At Present D/O Late Nanhak Nat, R/O Village- Hirodharpur Tola, P.S- Bikramganj, Distt.- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Upadhyay, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Complaint Case No. 06 of 2021 dated 05.12.2021 instituted for the offence punishable under Sections 323, 498(A) of the Indian Penal Code.

3. The allegation against the petitioners and one other accused persons is that they demanded one motorcycle from the complainant as additional dowry, and on the non-fulfilment of the same, they tortured and assaulted her.

Patna High Court CR. MISC. No.30211 of 2024(2) dt.21-05-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. Learned counsel for the petitioners submits that the petitioner no. 1 is the mother-in-law of the complainant and petitioner no. 2 is the younger brother of husband of the complainant. It is submitted that the marriage of the complainant was solemnized with Dilip Nut, who is the elder son of petitioner no. 1, as per Hindu customs and rites seven years ago. Out of this wedlock, two sons aged about 5 years and 4 years were born. Learned counsel for the petitioners submits that complainant and her elder son reside separately from the petitioners. There is no specific allegation against the petitioners. Allegation against the petitioners is general and omnibus. Lastly, it has been submitted that petitioners have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Complaint Case No. 06 of 2021, they will be released on bail upon furnishing

Patna High Court CR. MISC. No.30211 of 2024(2) dt.21-05-2024 3/3 bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bikramganj, Rohtas subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U T