Rama Shankar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56962 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== 1.

RAMA SHANKAR RAM Son of Late Musafir Ram Resident of Village - Dullahpur, Harnathpur, P.S.- Mohania, District- Kaimur (Bhabua) 2.

Kalawati Devi Wife of Rama Shankar Ram Resident of Village - Dullahpur, Harnathpur, P.S.- Mohania, District- Kaimur (Bhabua) ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate Mr.Kumar Sunil For the Opposite Party/s :

Mr.Ramchandra Sahni, APP For the Informant : Mr. Ravi Shankar Sahay ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Mahila (Bhabua) P.S. Case N0. 57 of 2019, disclosing offences under Sections 498A, 341,323,506,313/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Petitioner No.1 is father-in-law and petitioner No.2 is mother-inlaw of the informant. Learned senior counsel appearing on behalf of the petitioners has submitted that it can be easily seen from the First Information Report that it is because of matrimonial dispute between the informant and her husband that the criminal case has been lodged. Learned counsel for the informant has vehemently opposed the prayer for anticipatory bail and has submitted that considering the

Patna High Court CR. MISC. No.56962 of 2019(2) dt.09-09-2019 2/2 seriousness of the allegation made in the First Information Report, the petitioners do not deserve the privilege of anticipatory bail. However, considering the facts and circumstances and the nature of allegation made in the FIR, I find substance in the submission made on behalf of the petitioners that a case for grant of anticipatory bail is made out.

This application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the 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 the learned SubDivisional Judicial Magistrate, Kaimur (Bhabua) in Mahila (Bhabua) P.S. Case No. 57 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

arun/- (Chakradhari Sharan Singh, J) U