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Patna High CourtCR. MISC./28982/2022bail granted

Sheelakant Mishra v. The State Of Bihar

2022-09-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28982 of 2022 Arising Out of PS. Case No.-515 Year-2018 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

Sheelakant Mishra Son of Late Ganpati Mishra Resident of House No.- D.E. 45, Ward No.- 06, Tavadu, Taoru, Tauru, P.S.- Punhana, District - Mewat, Haryana - 122105 2.

Parmila Devi Wife of Sheelakant Mishra Resident of House No.- D.E. 45, Ward No.- 06, Tavadu, Taoru, Tauru, P.S.- Punhana, District - Mewat, Haryana - 122105 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jyoti Mishra Wife of Late Sanjeev Mishra Daughter of Late Sri Tirpit Narayan Singh, Resident of village - Karhara, P.S.- Bheja, District - Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Kumar Jha For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-09-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 498-A, 354 and other allied sections of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

As per the prosecution case, petitioners are alleged to have subjected the complainant to mental and physical torture due to non-fulfillment of demand of dowry. The husband of complainant has died in a road accident.

It is submitted that petitioner no. 1 is father-in-law

Patna High Court CR. MISC. No.28982 of 2022(2) dt.26-09-2022 2/2 and petitioner no. 2 is mother-in-law of the complainant. It is submitted that marriage of complainant and his son was solemnized in Bihar and after marriage, petitioners along with their son and complainant were living peacefully in Haryana till death of their son, but the complainant has not made complaint regarding demand of dowry by her in-laws, but soon after death of their son, the complainant lodged this false case against the petitioners only to harass and put pressure upon them. The complainant with her daughter are living in their paternal house and she does not want to live at her matrimonial house. Petitioners claim clean antecedents.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Complaint Case No. 515 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T