Kishore Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58690 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- CHAKAI District- Jamui ====================================================== 1.
KISHORE DAS Son of Mathura Das Resident of village - Gadi Simaria, P.S. - Chakai, Distt. - Jamui 2.
Mathura Das Son of Late Kamal Das Resident of village - Gadi Simaria, P.S. - Chakai, Distt. - Jamui 3.
Chandrawati Devi Wife of Mathura Das Resident of village - Gadi Simaria, P.S. - Chakai, Distt. - Jamui 4.
Basanti Devi Wife of Kishore Das Resident of village - Gadi Simaria, P.S. - Chakai, Distt. - Jamui 5.
Ruby Devi Wife of Ashok Das R/o vill - Punasi, P.S. and Distt. - Deoghar (Jharkhand) ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR PATNA 2.
Julie Kumari Wife of Naresh Kumar Das, D/o Subhash Das R/o vill - Gadi Simaria, P.s. - Chakai, Distt. - Jamui at present resident of vill - Belfar, Post - Belhar, P.s. - Belhar, Distt. - Banka ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :
Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Chakai P.S. Case No. 178 of 2023, registered for the offences punishable under Sections 498(A), 494, 341, 342, 323, 307, 504, 506/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.
3.It is a case of matrimonial dispute. As per allegation, the marriage of the informant was solemnized in the year 2015. After marriage, the accused persons, including the petitioners started torturing the informant for non-fulfillment of demand of dowry. It has further been alleged that the husband of the informant has
Patna High Court CR. MISC. No.58690 of 2023(3) dt.27-02-2024 2/2 solemnized second marriage.
4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are father-in-law, mother-in-law, sister-in-law and brother-in-law of the informant having no concern with day-to-day affairs of the couple.
5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that process of mediation has failed to which the learned counsel for the petitioners submits that the petitioners are the family members of the husband of the informant. The specific allegation is against the husband, who solemnized the second marriage.
5. Considering the above-mentioned facts and circumstances, especially the clean antecedent, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-III, Jamui in connection with Chakai P.S. Case No. 178 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Nirmal/- U T