Sitaram Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.535 of 2021 Arising Out of PS. Case No.-59 Year-2019 Thana- MAHILA P.S. District- Banka ====================================================== 1.

Sitaram Das, Son of Nand Kishore Das, Resdent of Village - Sarsadda, P.S.- Belhar, Distt.- Banka.

2.

Deepak Das @ Deepak Kumar @ Praveen Kumar, Son of Ravindra Das, Resdent of Village - Bishanpur, P.S.- Barahat, Distt.- Banka. 3.

Rohit Kumar Das @ Rohit Das, Son of Ravindra Das, Resident of Village - Bishanpur, P.S.- Barahat, Distt.- Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kavita Devi, W/o Pradeep Das, Resident of Village - Kurawan, P.S.- Belhar, Distt.- Banka.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-08-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State through Video Conferencing. The petitioners apprehend their arrest in connection with Banka (Mahila) P.S. Case No. 59 of 2019, registered under Sections 498(A), 342, 323, 420 and 379/34 of the Indian Penal Code. The accusation is of torturing of the informant-opposite party no. 2 by her husband and in-laws due to non-fulfillment of

Patna High Court CR. MISC. No.535 of 2021(2) dt.21-08-2021 2/2 demand of dowry and removing from her matrimonial house. Learned counsel for the petitioners submits that petitioner no. 1 is the maternal-uncle, whereas petitioner nos. 2 and 3 are brother-in-law of the informant-opposite party no. 2 and they have been implicated in the present case due to ulterior motive. Further submission is that Pradeep Das, husband of the informantopposite party no.2, has already been given privilege of bail by the court below on 10.02.2020 vide B.A. No. 889 of 2019, which would appear from the order dated 04.03.2020 passed by the learned Sessions Judge, Banka.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Banka, in connection with Banka (Mahila) P.S. Case No. 59 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T