Khokhan Bhattacharya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49298 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- MAHILA P.S. District- Kishanganj ====================================================== Khokhan Bhattacharya, Son Of Kalipad Bhattacharya, Resident Of VillageDharamganj, Ps- Kishanganj, Dist- Kishanganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dipa Bhattacharya, Wife Of Billav Bhatacharya, Resident Of VillageKhagra Machhpara, Ps- Kishanganj, Dist- Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. In this case, the petitioner is apprehending his arrest in connection with Kishanganj Mahila P.S. Case No. 22 of 2023, registered for the offences under Sections 498A, 341, 323, 379, 504 and 506/34 of the Indian Penal Code.

3. As per prosecution case, the informant has been married with the son of the petitioner and allegation is that of demand of dowry and torture on account of its non-fulfillment.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Petitioner is the father-in-law of the informant and he has

Patna High Court CR. MISC. No.49298 of 2023(2) dt.11-08-2023 2/3 no concern with the affairs of the informant and her husband. The petitioner never demanded anything from the informant and never tortured her in any manner. On the basis of F.I.R., it is clear that specific allegation is against the husband of the informant for assaulting the informant. Petitioner is 60 years old person.

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

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is said to be the father-in-law of the informant and allegations against him are mostly general and vague, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj/court concerned in connection with Kishanganj Mahila P.S. Case No. 22 of 2023, subject to the conditions 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

Patna High Court CR. MISC. No.49298 of 2023(2) dt.11-08-2023 3/3 petitioner.

(ii) The petitioner 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) balmukund/- U T