Rakesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41683 of 2019 Arising Out of PS. Case No.-137 Year-2017 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

RAKESH DAS Son of Shiv Bachan Das Resident of village- Mandae, P.S.- Khijarsarai, District- Gaya.

2.

Bikram Das Son of Shiv Bachan Das Resident of village- Mandae, P.S.- Khijarsarai, District- Gaya.

3.

Vikash Das Son of Shiv Bachan Das Resident of village- Mandae, P.S.- Khijarsarai, District- Gaya.

4.

Nilam Devi W/O Shiv Bachan Das Resident of village- Mandae, P.S.- Khijarsarai, District- Gaya.

5.

Shiv Bachan Das Son of Baleshwar Das Resident of village- Mandae, P.S.- Khijarsarai, District- Gaya.

6.

Ashok Das Son of Baleshwar Das Resident of village- Mandae, P.S.- Khijarsarai, District- Gaya.

7.

Amit Das Son of Baleshwar Das Resident of village- Mandae, P.S.- Khijarsarai, District- Gaya.

8.

Baleshwar Das Son of Late Munsi Das Resident of village- Mandae, P.S.- Khijarsarai, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2019 Heard both sides.

The petitioners apprehend their arrest in Khijarsarai P.S. case No. 137 of 2017 registered under Section 498A and other minor Sections of the IPC and u/s 3⁄4 of Dowry Prohibition Act.

The informant, wife of Rajesh Das, made omnibus and general allegation against her husband, other in-laws and relatives that they all subjected her to physical and mental

Patna High Court CR. MISC. No.41683 of 2019(3) dt.30-09-2019 2/2 torture due to non-fulfillment of demand of additional dowry. On 15.05.2017 when her father and other relatives came the accused persons assaulted them.

The learned counsel for the petitioners submits that no occurrence, as alleged by the informant, ever took place. The petitioners are in-laws and other relatives of the informant. The husband of the informant is always ready to keep his wife. The petitioners have falsely been implicated in the case. Considering the facts aforesaid and nature of allegation made against the petitioners, 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 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 Additional Chief Judicial Magistrate VII, Gaya in connection with Khijarsarai P.S. case No. 137 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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