Ashok Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31679 of 2025 Arising Out of PS. Case No.-1499 Year-2023 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== 1.

Ashok Sah, S/O Lebhar Sah, Resident of Village- Bela Pohaddi, P.S.- Ghanshyampur, District- Darbhanga, Bihar.

2.

Laxmi Devi, W/O Ashok Sah, Resident of Village- Bela Pohaddi, P.S.- Ghanshyampur, District- Darbhanga, Bihar, ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Meenakshi Kumari, Wife of Sahil Sah, and Daughter of Shri Satrughan Sah, Resident of village Bela Pohaddi, P.S. Ghanshyampur, District - Darbhanga, Bihar and currently residing at Village - Wajitpur Mahdauli Kilaghat, P.S. - Laheriasarai, Darbhanga, Bihar.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Amit Kumar Singh, Advocate For the State :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Complaint Case No-1499 of 2023 dated. 01.11.2023, registered for the offences punishable under Sections 323, 494, 498A and 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. As per allegation, there was additional demand of dowry subsequent to the marriage and on account of non-

Patna High Court CR. MISC. No.31679 of 2025(2) dt.15-05-2025 2/3 fulfillment of the same, the complainant was subjected to cruelty.

4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that petitioners are parents-in-law of the complainant and they are in separate mess and business. He also submits that they have nothing to do with the alleged offence.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.31679 of 2025(2) dt.15-05-2025 3/3 satisfaction of learned concerned Court Below, in connection with Complaint Case No-1499 of 2023, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Chandan/- U T