Bade Lal Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48850 of 2024 Arising Out of PS. Case No.-85 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

Bade Lal Verma Son of Late Sahdev Mahto Resident of Village - Khanjhapur, Police Station - Cheriya Bariyarpur, District - Begusarai. 2.

Ram Dulari Devi Wife of Late Sahdev Mahto Resident of Village - Khanjhapur, Police Station - Cheriya Bariyarpur, District - Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shanti Kumari Wife of Chhote Lal Verma Daughter of Shankar Mahto, Resident of Village - Khanjhapur, Police Station - Cheriya Bariyarpur, District - Begusarai.

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

For the Petitioner/s :

Mr.Yogesh Kumar, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Complaint Case No. 85(C) of 2023, filed on 19.06.2023 wherein processes have been directed to be issued after cognizance being taken for the offences under Section 498A of the Indian Penal Code.

3. As per prosecution case, the petitioners, who are brother-in-law and mother-in-law of the complainant, respectively, are alleged to have demanded Rs. One lakh and a

Patna High Court CR. MISC. No.48850 of 2024(2) dt.28-08-2024 2/3 motorcycle from the complainant in collusion with co-accused husband and they also used to abuse and assault the complainant and finally ousted her from her matrimonial home.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The petitioners are separate in mess and other domestic affair from the co-accused husband of the complainant and there is general and omnibus allegation against the petitioners. The allegations are completely false and concocted and not believable. The complainant and her husband have been blessed with three daughters and the petitioners are residing at Bangalore where petitioner no. 1 has been working to earn his livelihood. The petitioner no. 2 is an old lady aged about 79 years. The petitioners are having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioners are in-laws of the complainant and further considering the non-serious nature of allegation and probability of false accusation, let the petitioners above named, in the event of their arrest or surrender before the court

Patna High Court CR. MISC. No.48850 of 2024(2) dt.28-08-2024 3/3 concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Manjhaul, Begusarai court in connection with Complaint Case No. 85(C) of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) DKS/- U T