Balram Chandra Thakur And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.25757 of 2018 (2) dt.03-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25757 of 2018 Arising Out of PS.Case No. -183 Year- 2017 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Balram Chandra Thakur, Son of Late Ramesh Chandra Thakur.

2. Bandana Devi, Wife of Balram Chandra Thakur. Both Residents of Village- Bhimnagar, Police Station- Birpur, District- Supaul.

3. Juli Devi @ Juli Mishra, Wife of Prakash Mishra.

4. Prakash Mishra, Son of Laxmi Kant Mishra. Both Resident of- RZF20/61, Gali No. 3 Dabri Extn. P.S. Rohini, South- West Delhi, Delhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2018 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. The petitioners apprehend their arrest in Mahila P.S. Case No.183 of 2017 registered under Sections 493, 323, 342, 505, 506 and 34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

The informant alleged that she developed love affairs with Aman Thakur, son of petitioner Nos.1 and 2. They were frequently meeting each other and solemnized marriage. Aman Thakur also established physical relation with her but thereafter the petitioners and Aman Thakur are demanding dowry and subjected her to physical and mental torture.

Patna High Court Cr.Misc. No.25757 of 2018 (2) dt.03-05-2018 The learned counsel for the petitioners submits that the petitioners are father-in-law, mother-in-law, sister-in-law and brother-in-law of the informant. The informant herself stated that she developed love affairs with Aman Thakur which ended in marriage between the two. Petitioners have no manner of concern with the family affairs of Aman Thakur and the informant. It is Aman Thakur who has to keep his wife.

On the other hand, learned counsel for the informant submits that the informant is ready to live with her husband. Considering the nature of allegation made against the petitioners and the fact that the petitioners are father-in-law, mother-in-law, married sister-in-law and brother-in-law of the informant, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to 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 Chief Judicial Magistrate, Supaul in connection with Mahila P.S. Case No.183 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T