Arun Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35074 of 2020 Arising Out of PS. Case No.-205 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== 1.

ARUN BHAGAT S/o Late Jalim Bhagat Resident of Mohala- Gola Bandh Road, Rajendra Marg Lane, P.S.- Town, District- Muzaffarpur. 2.

SHAIL DEVI W/o Arun Bhagat Resident of Mohala- Gola Bandh Road, Rajendra Marg Lane, P.S.- Town, District- Muzaffarpur. 3.

ARTI KUMARI D/o Arun Bhagat Resident of Mohala- Gola Bandh Road, Rajendra Marg Lane, P.S.- Town, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Parasmani For the Opposite Party/s :

Mr. S. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-03-2021 Heard both sides.

The petitioners apprehend their arrest in Muzaffarpur Town P.S. case No. 205/2020 registered under Section 498A, 304B/34 of the IPC.

The informant filed Complaint Case No. 3429/2019 on the basis of which the present FIR was registered. The informant alleged that his daughter, Chandani, was married with Pankaj Bhagat, son of petitioners No.1 and 2 and brother of petitioner No.3. At the time of marriage out of Rs. Five lakhs only Rs. Two lakh as dowry was paid and that is why the husband of deceased and other in-laws were torturing her. The

Patna High Court CR. MISC. No.35074 of 2020(2) dt.18-03-2021 2/3 informant got information that his daughter was done to death on 04.11.2019.

The learned counsel for the petitioners submits that all the allegations are false and concocted. The daughter of the informant was under treatment of Dr. Vijaya Bhardwaj as she was not conceiving. During the course of treatment, there was profuse bleeding and she died. The husband of the deceased informed the police on such U.D. case No. 3/2019 was registered on the statement of husband of the deceased. Kumari Chanchala, sister of the deceased, and Deepak also put their signature but later on father of the deceased filed the case making false allegation with ulterior motive. It appears from the records that during the course of treatment daughter of informant, wife of Pankaj Bhagat, died and on such Brahmpura U.D. Case No. 3/2019 was registered in presence of the deceased but later on the informant filed this case.

Taking into consideration the facts aforesaid and the fact that petitioners are father-in-law, mother-in-law and sisterin-law of the deceased, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a

Patna High Court CR. MISC. No.35074 of 2020(2) dt.18-03-2021 3/3 copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Town P.S. case No. 205/2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T