Ramnath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55916 of 2023 Arising Out of Case No.-232 Year-2023 - EAST CHAMPARAN COMPLAINT DistrictEast Champaran ====================================================== 1.

RAMNATH PRASAD Son of Late Vishwanath Prasad Resident of village - Jagiraha, P.S. - Lakhaura, Distt. - East Champaran 2.

Anuj Kumar Son of Ramnath Prasad Resident of village - Jagiraha, P.S. - Lakhaura, Distt. - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rinku Kumari Wife of Sonu kumar, Resident of Village- Jagiraha, P.S.- Lakhaura, District- East Champaran, At present D/o Shyamji Prasad, Resident of Village- Lakhaura Bichala Tola, P.S.- Lakhaura, District- East Champaran.

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2023 Heard learned counsels for the petitioners and learned A.P.P. for the State.

2. The petitioners are apprehending their arrest in connection with a case registered for the offence punishable under Sections 498(A), 323, 324 and some other ancillary Sections of the I.P.C.

3. The prosecution story, in brief, is that the accused persons including the petitioners tortured the complainant, assaulted her and also ousted her from her matrimonial house due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.55916 of 2023(2) dt.30-08-2023 2/3

4. It has been submitted by learned counsel for the petitioner that the petitioners have falsely been implicated in the present case due to petty family dispute. The petitioners are cousin father-in-law and brother-in-law. The husband of the victim is ready to keep his wife with full honour and dignity. There is no allegation of tampering with the witnesses alleged against the petitioners. The case is triable by the Magistrate. The petitioners have further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioners have got clean antecedent.

5. Learned counsel for the State opposes the prayer for anticipatory bail.

6. Considering the facts of the case, nature of accusation and clean antecedent of the petitioners, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, East Champaran, Motihari in connection with Complaint case No. 232/ 2023, subject to

Patna High Court CR. MISC. No.55916 of 2023(2) dt.30-08-2023 3/3 conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T