Rita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72832 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- JOKIHAT District- Araria ====================================================== 1.
Dharm Lal Rajak S/o Late Domai Rajak Resident of Village - Soura Bajar, Shaguria, P.S. Dagarua, District- Purnea ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Lalita Devi W/o Ravi Kumar Rajak, D/o Bijay Kumar R/o vill - Simaria, P.S. - Joki Hat, Distt. - Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nadimul Hasan, Advocate For the Opposite Party/s :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. This application for grant of anticipatory bail, arises out of Joki Hat P.S. Case No. 17 of 2024 for the offences under Sections 323, 498-A, 307/34 of the Indian Penal Code and 3⁄4 of the D.P. Act.
3. As per the prosecution case, the complainant Lalita Devi was married to Ravi Kumar Rajak four years ago and he kept her well for two years, after that he started demanding five lakh rupees as dowry and due to non-fulfillment of the demand the complainant was tortured and harassed by the petitioner
2/4 along with complainant's husband and other co-accused persons. When the complainant's father went to the house of the petitioner with well-wishers and Panches, the accused persons got furious and sent the complainant to her paternal house with them and also warned that the complainant would only be kept if the demand is fulfilled. After two weeks, the accused-husband Ravi Kumar Rajak came to the complainant's paternal home and assaulted the complainant with fists and slaps and forcibly took her to matrimonial home. On 21.01.2023, the accused persons tied the complainant's hands and feet with rope, stuffed cloth in her mouth, poured kerosene oil on her body and set her on fire, due to which the complainant got badly burnt from her stomach up to the face and her both hands also got burnt. Thereafter, the accused persons dropped the complainant at her paternal home in nearly dead condition, whereby the complaint's father got her treated for nearly eight months during which period, no one from her matrimonial home came to see her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and he has falsely been implicated in this case. He further submits that the petitioner is the father-in-law of O.P. No. 2/complainant. He next submits that there is general and omnibus allegation against
3/4 the petitioner. There is neither any allegation of torture or assault against the petitioner nor any demand of dowry has been attributed against him. He next submits that the matter has been compromised between the parties outside the court with the help of well-wishers and Panches. Referring to the compromise petition, annexed at Annexure-2, it is relevant to mention that the Panches have found the allegations alleged against the accused persons as false and frivolous. Moreover, the complainant was not burned by kerosene oil by the accused persons but the fact is that while the complainant was making food on chulha/mud-stove the unfortunate incident took place. The complainant's husband i.e. accused no. 1 Ravi Kumar Rajak is ready to keep the complainant at her matrimonial house with full honor and dignity.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration that the matter has been compromised between the parties, and the petitioner is the father-in-law of the complainant, I am inclined to grant the petitioner privilege of anticipatory bail.
6. Let the petitioner above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail
4/4 bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Araria, in connection with Joki Hat P.S. Case No. 17 of 2024.
8. This application is, accordingly, allowed. (Anil Kumar Sinha, J) Raj Ranjan/- U T