Chandra Sekhar Kapri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49780 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- MAHILA P.S. District- Banka ====================================================== 1.

Chandra Sekhar Kapri Son of Late Laxman Kapri Resident of VillageBallikita, P.S.- Amarpur Dih, District- Banka. 2.

Preeti Devi Wife of Chandra Sekhar Kapri Resident of Village- Ballikita, P.S.- Amarpur Dih, District- Banka.

3.

Shashi Kapoor Son of Chandra Sekhar Kapri Resident of Village- Ballikita, P.S.- Amarpur Dih, District- Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mamta Kumari Daughter of Sanjay Kapri Resident of Village- Bahira, P.S. and District- Banka.

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

For the Petitioner/s :

Mr. Mukul Prasad For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Mahila (Banka) P.S. Case No. 9 of 2019 registered for the offence punishable under Sections 498(A), 341, 323, 504/34 of the Indian Penal Code and Section 3/4 of D.P. Act. Informant was in love with the son of the petitioner nos. 1 and 2, namely, Rishi Kapoor and performed marriage with him in the Civil Court, Banka but, after marriage, when the informant arrived at her marital house, her husband left the

Patna High Court CR. MISC. No.49780 of 2019(3) dt.25-10-2019 2/3 house leaving her and the petitioners, who happen to be her parents-in-law and brother-in-law and another accused did not allow her to live in her marital house and demanded dowry and when her relatives arrived at her marital house to persuade the matter, they assaulted them. They also assaulted the informant and his family members arriving at their house. It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. Informant has performed love marriage with the son of the petitioner nos. 1 and 2 against their will, hence, they have no concern with the informant and her husband. They have neither made any demand nor ever assaulted anyone.

Allegation levelled against the petitioners is not specific rather general and omnibus in nature and made to mount pressure upon the petitioners to extract money from them. Petitioner happen to be parents-in-law and brother-in-law of the informant. Petitioners have no criminal antecedent. On the other hand, learned APP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a

Patna High Court CR. MISC. No.49780 of 2019(3) dt.25-10-2019 3/3 period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Banka in connection with Mahila (Banka) P.S. Case No. 9 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T