Bhola Raut @ Bhola Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78130 of 2023 Arising Out of PS. Case No.-3225 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.
BHOLA RAUT @ BHOLA BHAGAT S/O LATE GANGA RAUT VILLAGE- HATHIAUL DHANAUJI, PS. PAKARIDAYAL, DIST. EAST CHAMPARAN.
2.
SHRADDHA DEVI W/O BHOLA RAUT @ BHOLA BHAGAT VILLAGE- HATHIAUL DHANAUJI, PS. PAKARIDAYAL, DIST. EAST CHAMPARAN.
... ... Petitioner/s
Versus
1.
The State of Bihar BIHAR 2.
NANDLAL BHAGAT S/O LATE BIGAN BHAGAT VILLAGEBAKHARI JHAJURI, PS. DHAKA, DIST. EAST CHAMPARAN. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar , Advocate For the Opposite Party/s :
Mr. Arun Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-04-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 3/ 4 of the D. P Act.
3. Case of the complainant, in brief, is that daughter of the informant Chanda Kumari was married with co-accused Rajkumar @ Bhulawan on 3.5.2022 according to Hindu rites and rituals, and thereafter she went to her matrimonial house. It is further alleged that after some time of the marriage, all the
Patna High Court CR. MISC. No.78130 of 2023(5) dt.09-04-2024 2/3 accused persons including these petitioners started demanding dowry from the her and due to non-fulfillment of demand of dowry she was assaulted and got ousted from her matrimonial house .
4. It is submitted on behalf of the petitioners that petitioner No. 1 is father-in-law and petitioner No.2 is motherin-law. It is further submitted that they are innocent and have not committed any offence as alleged. They have been falsely implicated in this case merely because they happens to be relatives of the husband of the victim. There is general and omnibus allegation against them. They are separate in mess and property. Specific accusation of committing torture and harassment for demand of dowry is against the husband of the victim namely Rajkumar. Petitioners claim clean antecedent.
5. Learned counsel for the State oppose the bail petition.
6. Considering the fact that specific accusation is against the husband of the victim and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, 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 the learned
Patna High Court CR. MISC. No.78130 of 2023(5) dt.09-04-2024 3/3 Judicial Magistrate 1st Class, Motihari, East Champaran in connection with Complaint Case No. 3225 of 2022 , of subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T