Gorakh Seth v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49576 of 2023 Arising Out of PS. Case No.-1445 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.

GORAKH SETH Son of Late Dukhan Seth Resident of Village - Sujadpur, P.S.- Dhansoin, District - Buxar.

2.

Aasha Devi Wife of Gorakh Seth Resident of Village - Sujadpur, P.S.- Dhansoin, District - Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjali Kumari @ Anjali Devi Wife of Deepak Seth D/o Bhuneshwar Prasad, Resident of Village - Tarahni, P.S.- Sonahan, District - Kaimur (Bhabhua). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Gupta, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-08-2023 Heard Mr. Arun Kumar Gupta, learned counsel for the petitioners and Mr. Arun Kumar Pandey, learned Additional Public Prosecutor for the State.

2. Petitioners apprehend their arrest in connection with Complaint Case No. 1445/2022 dated 13.01.2023 registered for the offence punishable under Sections 498(A), 323, 504 of the IPC and Section 3⁄4 of Dowry Prohibition Act.

3. As per prosecution case, the complainant got married to co-accused, Deepak Seth about two years ago and after some time, she was subjected to cruelty due to non fulfillment of demand of dowry and ultimately she was made to leave her matrimonial home.

4. Learned counsel for the petitioners submits that the petitioners are father-in-law and mother-in-law of the

Patna High Court CR. MISC. No.49576 of 2023(2) dt.11-08-2023 2/2 complainant respectively. They have no concern with the affairs of the complainant and her husband inasmuch as they live separately having their own mess and business. The petitioners never demanded any dowry nor tortured the complainant ever. It is next submitted that the allegations levelled against the petitioners are general and omnibus in nature.

5. Regards being had to the submissions made by the parties, taking into consideration that the allegations against the petitioners are general and omnibus in nature and petitioners are father-in-law and mother-in-law of the complainant respectively, I am inclined to grant anticipatory bail to the petitioners.

7. Accordingly, let the petitioners, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Kaimur at Bhabhua in connection with Complaint Case No. 1445/2022, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T