Bhuneshwar Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53900 of 2023 Arising Out of PS. Case No.-610 Year-2022 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== 1.

BHUNESHWAR KEWAT S/O LATE MOHAN KEWAT R/O VILLAGERAJBARI, P.S- RANIGANJ, DISTT.- VARDHMAN (WEST BANGAL). 2.

KARMI DEVI W/O BHUNESHWAR KEWAT R/O VILLAGE- RAJBARI, P.S- RANIGANJ, DISTT.- VARDHMAN (WEST BANGAL). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NEHA KUMARI D/O HEMRAJ KEWAT, W/O RANJIT KEWAT R/O VILLAGE- CHAROKHARA, P.S AND DISTT.- LAKHISARAI. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-08-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

2.

This is an application for grant of anticipatory bail in connection with Complaint Case No. 610 C/2022, registered for the offence punishable under Section 498(A) of the Indian Penal Code.

3.

The marriage of the complainant is stated to have been solemnized with the son of the petitioners, namely, Ranjit Kewat, on 18.6.2017 as per Hindu Rites and Rituals, during the course whereof, gold ornaments, silver ornaments, utensils, clothes, gifts etc. were given to the accused persons including

Patna High Court CR. MISC. No.53900 of 2023(2) dt.23-08-2023 2/3 the petitioners herein and then the complainant had gone to her matrimonial home and out of the said wedlock, two children were born. Nonetheless, subsequently, the accused persons started torturing the complainant and started demanding a sum of Rs. 5,00,000/- by way of dowry and on account of nonfulfillment of the said demand for dowry, the accused persons, including the petitioners, who are the father-in-law and motherin-law of the complainant, had ousted the complainant along with her children from the matrimonial home.

4.

The learned counsel for the petitioners submits that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that a general and omnibus allegation has been levelled against the petitioners and in fact, the petitioners are staying separately from their son and daughter-in-law, hence, they are not having any complicity in the matter. It is also submitted that if at all, anybody is having any complicity in the matter, it is the husband of the complainant.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case,

Patna High Court CR. MISC. No.53900 of 2023(2) dt.23-08-2023 3/3 considering the submissions made by the learned counsel for the petitioners, taking into account the materials available on record as also considering the fact that the petitioners are the father-inlaw and mother-in-law of the complainant and they are stated to be staying separately from their son and daughter-in-law, apart from the fact that a general and omnibus has been levelled qua them, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.

7.

Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Lakhisarai, in connection with Complaint Case No. 610 C/2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Ajay/- U T