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Patna High CourtCR. MISC./47982/2024bail granted

Arun Kumar Arun @ Arun Kishore Arun v. The State Of Bihar

2024-08-07Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47982 of 2024 Arising Out of PS. Case No.-19 Year-2023 Thana- MAHILA P.S. District- Bhojpur ====================================================== 1.

Arun Kumar Arun @ Arun Kishore Arun Son of Late Brajlal Poddar Resident of Flat No. 401, SLD Apartments, Near S.B.I Kankarbagh, P.S.- Kankarbagh, Patna-800020 2.

Gyanwati Lal Wife of Arun Kishore Arun @ Arun Kumar Arun Resident of Flat No. 401, SLD Apartments, Near S.B.I Kankarbagh, P.S.- Kankarbagh, Patna-800020 3.

Vikram Kishore Vikram Son of Arun Kumar Arun @ Arun Kishore Arun Resident of Flat No. 401, SLD Apartments, Near S.B.I Kankarbagh, P.S.- Kankarbagh, Patna-800020 4.

Rupam Wife of Vikram Kishore Vikram Resident of Flat No. 401, SLD Apartments, Near S.B.I Kankarbagh, Kankarbagh, Patna-800020 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishal Saurabh, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-08-2024 Heard the parties.

2. The petitioners are apprehending their arrest in connection with Mahila P.S. Case No. 19 of 2023 for the offence under Sections 341, 323, 504, 506, 498(A) and 34 of the I.P.C. and 3/4 of the Dowry Prohibition Act lodged on 16.04.2023 by the informant, Neha Kumari.

3. As per the prosecution story, the informant alleged that the marriage took place with one Aditya Kishore on 10.05.2022 but thereafter demand of dowry was made and when

Patna High Court CR. MISC. No.47982 of 2024(2) dt.07-08-2024 2/3 she refused, the torture started which led to this FIR.

4. Learned counsel for the petitioner submits that a Matrimonial Case No. 130 of 2024 has been preferred by the informant herself, these petitioners are the family members of her husband and have no criminal antecedent.

5. Learned APP opposes the prayer stating that the FIR shows that the family members were also demanding the dowry.

6. The petitioners herein are father-in-law, mother-inlaw, brother-in-law and sister-in-law, the informant has already preferred Matrimonial Case No. 130 of 2024 on 01.04.2024 and in any case, the responsibility is on the husband, Aditya Kishore, in that background, this Court is inclined to extend them privilege of anticipatory bail with conditions.

7. Let the petitioners be released on bail in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned SDJM-5, Ara, Bhojpur/concerned Court in connection with Mahila P.S. Case No. 19 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family

Patna High Court CR. MISC. No.47982 of 2024(2) dt.07-08-2024 3/3 member/relative of the petitioners who shall provide official document to show their bona fide;

(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T