Umashankar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4158 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- BARURAJ District- Muzaffarpur ====================================================== 1 .
Umashankar Prasad Son of Late Ramchandra Sah Resident of Village - Manohar Chapra, P.S. - Baruraj, District - Muzaffarpur 2.
Rukmini Devi @ Rukmani Devi Wife of Umashankar Prasad (in FIR wrongly typed as Umashanr Prasad) Resident of Village - Manohar Chapra, P.S. - Baruraj, District - Muzaffarpur 3 .
Sumitra Devi @ Sumitra Kumari Wife of Virendra Prasad @ Birendra Prasad Resident of Village - Manohar Chapra, P.S. - Baruraj, District - Muzaffarpur 4.
Amarjeet Kumar Son of Virendra Prasad @ Birendra Prasad Resident of Village - Manohar Chapra, P.S. - Baruraj, District - Muzaffarpur 5 .
Virendra Prasad @ Birendra Prasad Son of Late Ramchandra Sah Resident of Village - Manohar Chapra, P.S. - Baruraj, District - Muzaffarpur ... ... Appellant/s
Versus
1 .
The State of Bihar 2.
Ankita Bharti Wife of Mahanand Kumar Resident of Village - Manohar Chapra, P.S. - Baruraj, District - Muzaffarpur ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Yugal Kishore, Advocate For the Respondent/s :
Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-11-2025 Heard learned counsel for the parties.
2. This appeal has been filed for setting aside order dated 12.08.2024 passed in a case registered for the offence punishable under sections 323 , 341 , 307, 379, 354, 504, 506 and 34 of the Indian Penal Code and sections 3(i)(r) 3 (1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the
Patna High Court CR. APP (SJ) No.4158 of 2024(3) dt.12-11-2025 2/3 appellant has been rejected.
3 . As per F.I.R. informant namely, Abnkita Bharti alleges that after her inter-caste marriage in 2015 with one Mahanad Kumar, she went to her matrimonial house where all the accused persons including these appellants tortured and harassed informant for dowry and also used to abuse her by caste name . It is further alleged that on 06.04.2024 all the accused persons assaulted informant and took cash of Rs. 11,000/- and gold chain from her.
4. It is submitted on behalf of appellants that appellants are innocent and have committed no offence as alleged. There is delay of 7 days in the lodging the F.I.R. for which there is no plausible explanation . Informant was pressing for partition in the ancestral property due to which altercation took place and taking advantage of the same , this false and concocted case has been lodged against these appellants. 5 . Learned special public prosecutor for the State opposed the bail and submitted that appellants are habitual offender and they used to torture and harass informant for dowry and also abuse her by caste name . It is further submitted that appellants bear a criminal proclivity, as evident from the
Patna High Court CR. APP (SJ) No.4158 of 2024(3) dt.12-11-2025 3/3 fact that on earlier occasions as well, two criminal cases of a similar nature had been instituted against them, demonstrating their incorrigible conduct.
6. Considering the aforesaid facts, seriousness and nature of accusation and other circumstances of the case . I do not find any reason to interfere with the impugned order, accordingly this appeal is dismissed.
(Prabhat Kumar Singh, J) Koushik/- U T