Nagendra Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81476 of 2023 Arising Out of PS. Case No.-287 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== 1.
NAGENDRA THAKUR S/O GANESH THAKUR R/O VILLAGESAHDULLAHPUR, P.S- LALGANJ, DISTT.- VAISHALI. 2.
SUDHA DEVI W/O NAGENDRA THAKUR R/O VILLAGESAHDULLAHPUR, P.S- LALGANJ, DISTT.- VAISHALI. 3.
RANI KUMARI D/O NAGENDRA THAKUR R/O VILLAGESAHDULLAHPUR, P.S- LALGANJ, DISTT.- VAISHALI. 4.
BITTU KUMAR @ BITTU KUMAR SHARMA S/O NAGENDRA THAKUR R/O VILLAGE- SAHDULLAHPUR, P.S- LALGANJ, DISTT.- VAISHALI.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Madhavi, Mr.Surendra Kishore Thakur, Advocates.
For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Lalganj P.S. Case No. 287 of 2023 dated 16.08.2023 instituted for the offence punishable under Sections 341, 323, 324, 307, 498(A), 504, 506, 34 of the IPC and Section 3⁄4 of the Dowry Prohibition Act.
3. As per prosecution case, the marriage of the daughter of the informant was solemnized according to Hindu rituals on 14.05.2018 with one Chandan Kumar. After two years of
Patna High Court CR. MISC. No.81476 of 2023(3) dt.07-03-2024 2/3 marriage, the in-laws of her daughter started demanding dowry of Rs. Four Lacs and a Motorcycle and due to non fulfillment of the same, her daughter was subjected to physical torture.
4. Learned counsel for the petitioners submits that petitioners no.1 and 2 are father-in-law and mother-in-law respectively and petitioner no.3 is unmarried sister-in-law and petitioner no.4 is brother-in-law of the informant's daughter. Learned counsel submits that the daughter of the informant is presently living with her husband and a compromise petition has already been filed before the learned court below. It is next submitted that there was love marriage between the daughter of informant and Chandan Kumar, son of petitioners no.1 and 2 and the family members have got no role in the disputes cropped up between husband and wife for which the present case has been filed. Lastly, it is submitted that all the petitioners have got clean antecedent.
5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Lalganj P.S. Case No.
Patna High Court CR. MISC. No.81476 of 2023(3) dt.07-03-2024 3/3 287 of 2023, they will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) perwez U T