Kailash Moholi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77505 of 2025 Arising Out of PS. Case No.-142 Year-2025 Thana- KADWA District- Katihar ====================================================== 1.

Kailash Moholi, S/o Late Sukdev Moholi 2.

Nilam Devi @ Lila Devi W/o Kailash Moholi Both are R/o Village-Mohammadpur, P.S.- Kadwa, Dist.- Katihar ... ... Petitioners

Versus

1.

The State of Bihar 2.

Sapna Kumari, D/o Pradip Kumar Mohali, R/o Village-Mohammadpur, P.O.- Durgaganj, P.S.- Kadwa, Dist.- Katihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Dhirendra Kumar Jha, Advocate For the State :

Mr. Ramesh Chandra, APP For the Informant :

Mr. Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-11-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State duly assisted by learned counsel appearing for the informant.

2. Both accused/petitioners are named in the FIR and apprehending their arrest in connection with Kadwa P.S. Case No.142 of 2025 registered under Sections 126(2), 115(2), 76, 303(2), 64(1), 352, 351(2), 351(3) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short 'BNS') as well as Sections 3 and 4 of the Dowry Prohibition Act.

3. As per FIR, the petitioners committed cruelty upon informant along with her husband, who assaulted her

Patna High Court CR. MISC. No.77505 of 2025(2) dt.18-11-2025 2/3 physically and also abused her sexually.

4. It is submitted by learned counsel appearing for petitioners that the husband of informant is in judicial custody for the allegation as raised through FIR. It is pointed out that both petitioner are in-laws implicated with this case only for the reason that they are parents of the husband of the informant. It is submitted that petitioners have been implicated with general and omnibus allegation as to raise demand of dowry.

5. Learned APP duly assisted by Mr. Santosh Kumar, learned counsel appearing for the informant while opposing the prayer of bail submitted that the petitioners being in-laws, actively participated in the occurrence.

6. In view of aforesaid factual submissions and by taking note of fact as general and omnibus allegation qua raising demand of dowry is against petitioners, who are inlaws of informant, accordingly, both petitioners, abovenamed, are directed to be released on bail, in the event of their arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees

Patna High Court CR. MISC. No.77505 of 2025(2) dt.18-11-2025 3/3 Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Katihar in connection with Kadwa P.S. Case No.142 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T