Pappu Baitha @ Pappu Baetha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66040 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- MAHILA P.S. District- Sheohar ====================================================== 1.

Pappu Baitha @ Pappu Baetha Son of Ramshwarth Baitha Resident of Village- Belahid Dulla, P.S.- Hirmma, District- Sheohar. 2.

Raju Baitha @ Raju Baetha Son of Ramshwarth Baitha Resident of VillageBelahid Dulla, P.S.- Hirmma, District- Sheohar. 3.

Ramsogarath Baitha @ Ramswartha Baetha Son of Sukan Baitha Resident of Village- Belahid Dulla, P.S.- Hirmma, District- Sheohar. 4.

Ram Kali Devi Wife of Pappu Baitha Resident of Village- Belahid Dulla, P.S.- Hirmma, District- Sheohar.

5.

Rita Devi Wife of Madheran Baitha Resident of Village- Belahid Dulla, P.S.- Hirmma, District- Sheohar.

6.

Mithalesh Devi @ Mithlesheya Devi Wife of Ramswarth Baitha Resident of Village- Belahid Dulla, P.S.- Hirmma, District- Sheohar. ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-11-2019 Learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.1-Pappu Baitha @ Pappu Baetha and petitioner no.2-Raju Baitha @ Raju Baetha submitting that the aforesaid two petitioners have been apprehended during pendency of this application. Permission is granted.

Accordingly, this application is dismissed as withdrawn in respect of petitioner nos.1 & 2. Heard learned counsel for the petitioner nos.3 to 6 and

Patna High Court CR. MISC. No.66040 of 2019(4) dt.27-11-2019 2/3 the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 498 A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner nos.3 & 6 are parents-in-law, petitioner no.4 is gotani and petitioner no.5 is agnate of the informant. They are said to have tormented the informant over dowry demand and tried to eliminate her pouring kerosene oil over the said demand.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They have been falsely implicated in this case. They happen to be in-laws and agnate of informant. They have neither made any dowry demand nor tormented the informant nor tried to eliminate her over the said demand. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Husband of the informant is in custody.

Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, let the above named petitioners, except petitioner nos.1 &

Patna High Court CR. MISC. No.66040 of 2019(4) dt.27-11-2019 3/3 2, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sheohar in connection with Sheohar Mahila P.S. Case No.10 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) Trivedi/- U T