Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71905 of 2021 Arising Out of PS. Case No.-329 Year-2019 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

AMAN KUMAR Son of Late Ramdeo Das Resident of Village - Kasimpur, P.s.- Sultanganj, Distt.- Bhagalpur.

2.

Randhir Prasad @ Randhir Das Son of Late Ramdeo Das Resident of Village - Kasimpur, P.s.- Sultanganj, Distt.- Bhagalpur. 3.

Rekha Bharti @ Rekha Devi W/o Jitendra Kumar Das @ Jitendra Das Resident of Village - Kasimpur, P.s.- Sultanganj, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Najmul Hodda For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Nathnagar P.S. Case no. 329 of 2019 instituted for the offence punishable under Sections 498A, 363, 365 of the Indian Penal Code and Sections 3⁄4 of the DP Act.

As per allegation in the FIR, petitioners along with their other family members have tortured in various ways to the daughter of the informant due to non-fulfillment dowry demand. Learned counsel appearing on behalf of the petitioners has submitted that petitioner no. 1 and 2 are brother-in-law and petitioner

Patna High Court CR. MISC. No.71905 of 2021(2) dt.20-07-2022 2/2 no. 3 is married sister-in-law of the daughter of the informant. They have been falsely implicated in this case. They have never demanded any thing from the victim. They have no concern with the daily activity of the victim and her husband. Petitioners are living separately. The sole responsibility to take care of wife is upon husband and not against his family members. Husband of the victim has already been granted privilege of anticipatory bail by the learned lower court.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Nathnagar P.S. Case no. 329 of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U