Ramashish Mahto @ Ramashish Kushwaha And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54043 of 2018 Arising Out of PS. Case No.-187 Year-2015 Thana- NAWADAH COMPLAINT CASE District- Nawada ======================================================
1. Ramashish Mahto @ Ramashish Kushwaha, son of Late Budhan Mahto.
2. Sharda Devi, wife of Ramashish Mahto @ Ramashish Kushwaha.
3. Pawan Kushwaha @ Pawan Kumar, son of Ramashish Mahto @ Ramashish Kushwaha.
All resident of Village- Bermi, P.S. -Kadirganj (Nawada), District -Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Sharmila Devi, wife of Ram Pravesh Kushwaha, daughter of Suresh Prasad, presently resident of Village- Anaila, P.S. -Roh, District- Nawada. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Sri Anil Kumar For the Opposite Party/s :
Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11-09-2018 Heard Sri Anil Kumar, learned counsel for the petitioners and Sri Surendra Prasad Singh, learned Additional Public Prosecutor .
Three petitioners, apprehending their arrest in connection with Complaint Case No. 187 of 2015, registered for the offence under Sections 498A, 323, 406, 504, 307 of the Indian Penal Code , 1860, have prayed for grant of bail in the event of their arrest or surrender.
Learned counsel for the petitioners submits that
Patna High Court Cr.Misc. No.54043 of 2018(2) dt.11-09-2018 2/3 petitioner no. 1 and 2 are father- in -law and mother- in- law respectively of the complainant whereas petitioner no. 3 is younger brother of the husband of the complainant . He submits that entire family members have been arrayed as accused as if they were involved in torturing the complainant for nonfulfillment of dowry. It has been argued that petitioners have been arrayed as accused in the complaint petition only due to the reason that they were father , mother and younger brother of the husband of the complainant.
Besides hearing, I have perused the materials available on record and after going through the same particularly the fact that it was a complaint case and petitioners are not husband, there is no reason to refuse the prayer for grant of anticipatory bail.
Accordingly, in the event of their arrest or surrender within a period of six weeks from today, let aforesaid three petitioners, namely: (1) Ramashish Mahto @ Ramashish Kushwaha, (2) Sharda Devi; and (3) Pawan Kushwaha @ Pawan Kumar be enlarged 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 Additional Chief Judicial Magistrate 6th , Nawada / concerned court in connection
Patna High Court Cr.Misc. No.54043 of 2018(2) dt.11-09-2018 3/3 with Complaint Case No. 187 of 2015 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.
(Rakesh Kumar, J) praful/- U