Bhushan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59151 of 2023 Arising Out of PS. Case No.-870 Year-2019 Thana- MOTIHARI District- East Champaran ====================================================== 1.

Bhushan Sah S/O Pundeo Sah Resident Of Village Gokhula, P.S.- Banjariya, Dist.- East Champaran 2.

Pundeo Sah Son Of Late Ram Prasad Sah Resident Of Village Gokhula, P.S.- Banjariya, Dist.- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanju Devi D/O Ramgovind Sah R/O Village Semra, P.S.- Chiraiya, Dist.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 498A of the Indian Penal Code and Section 3⁄4 of the DP Act.

3. Petitioner no. 1, who is husband of opposite party no2. and petitioner no. 2 is father-in-law of the opposite party no. 2 is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against

Patna High Court CR. MISC. No.59151 of 2023(3) dt.05-03-2024 2/2 the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that prior to the filing of the present case, both parties entered into an agreement on 04.01.2019, the petitioner no. 1 has given Rs. 2,00,000/- to the complainant as one time settlement and both parties decided to live separately. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. C-870 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T