Domi Kamat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81556 of 2024 Arising Out of PS. Case No.-248 Year-2023 Thana- LAKHNAUR District- Madhubani ====================================================== 1.
Domi Kamat Son of Naivait Kamat Village- Laufa, Ward No.-12, P.S.- Lakhnaur, District - Madhubani 2.
Buchani Devi Wife of Domi Kamat Village- Laufa, Ward No.-12, P.S.- Lakhnaur, District - Madhubani 3.
Chunoo Kamat Son of Domi Kamat Village- Laufa, Ward No.-12, P.S.- Lakhnaur, District - Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Roshani Kumari Wife of Vivek Kamat Village- Laufa, Ward No.-12, P.S.- Lakhnaur, District - Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Jitendra Kumar Bharti, Advocate For the State :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-02-2025 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 498A, 341, 323, 324, 504, 379 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. As per prosecution case, informant alleges that her marriage was solemnized with co-accused Vivek Kamat on 04.05.2018. When she went to her matrimonial house, all the accused person, including these petitioners, started putting pressure on her and demanded dowry and on refusal, subjected
Patna High Court CR. MISC. No.81556 of 2024(4) dt.10-02-2025 2/3 her to cruelty and harassment.
4. It is submitted by learned counsel for the petitioners that petitioners are innocent and have committed no offence. They have false been implicated in this case merely because Petitioner No. 1 is father-in-law, Petitioner No. 2 is mother-inlaw and Petitioner No. 3 is brother-in-law of the informant. Petitioners are victim of over implication. There is no specific allegation of demand of dowry or torture. They are separate in mess & property and have got no concern with the affairs of the informant and her husband. Thrust of accusation is against husband of the informant. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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 A.C.J.M.-I,
Patna High Court CR. MISC. No.81556 of 2024(4) dt.10-02-2025 3/3 Jhanjharpur, District- Madhubani in connection with Lakhnaur P.S. Case No. 248 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T