Ram Nandan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36866 of 2019 Arising Out of COMPLAINT CASE No.-3785 Year-2015 District- Patna ====================================================== 1.

Ram Nandan Prasad Son of Late Ambika Charan Resident of Village - Aungari, P.S.- Aungari, District - Nalanda at present Mohalla - Shyam Kutir, Justice B. N. Rai Road, New Area Kadam Kuan, P.S. and P.O. - Kadam Kuan, District - Patna.

2.

Rekha Rani Wife of Ram Nandan Prasad Resident of Village - Aungari, P.S.- Aungari, District - Nalanda at present Mohalla - 'Shyam Kutir', Justice B. N. Rai Road, New Area Kadam Kuan, P.S. and P.O. - Kadam Kuan, District - Patna.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Abha Sinha Wife of Ajit Kumar Charan D/o Ajit Kumar Verma, Resident of Mohalla - Salimpur Ahra, Gali No.- 1, 'Garden House'. Tenant in the house of Ravi Shankar, P.S. - Gandhi Maidan, P.O. - Kadam Kuan, District - Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr.Awadhesh Kumar Singh Tarun, Advocate For State :

Mr.Manoj Kumar, APP For the O. P. No. 2 :

Mr. Mithlesh Kumar Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners and learned counsel for opposite party no.2/complainant.

The petitioners seek pre-arrest bail in connection with Complaint Case No. 3785(C) of 2015 in which cognizance has been taken under Section 498-A and 420 of the Indian Penal

Patna High Court CR. MISC. No.36866 of 2019(6) dt.16-11-2019 2/3 Code and Sections 3 and 4 of the Dowry Prohibition Act. Learned counsel for the petitioners submitted that the petitioners are father-in-law and mother-in-law respectively of the complainant. He contended that the complaint has been filed making false allegations. The allegation made in the complaint that the son of the petitioner is mad is absolutely false. As a matter of fact, he is in depression for which he is being treated by Dr. N. P. Singh, a well known Psychiatrist. It is only on account of the fact that the son of the petitioner is suffering from some ailment, the instant complaint has been filed alleging malicious facts.

On the other hand, learned counsel appearing for the complainant submitted that the petitioners are responsible for marriage of their mentally unsound son with the complainant. They had stated that the petitioner is doing job and is mentally fit.

Regard being had to the nature of allegation and the submissions made above, in the event of arrest or surrender before the court below, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Patna in Complaint Case

Patna High Court CR. MISC. No.36866 of 2019(6) dt.16-11-2019 3/3 No. 3785(C) of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) kanchan/- U T