Mukesh Chandra Sah @ Mukesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89248 of 2024 Arising Out of PS. Case No.-293 Year-2023 Thana- MITHANPURA District- Muzaffarpur ====================================================== 1.

Mukesh Chandra Sah @ Mukesh Kumar Sah Son of Ramfal Rai @ Ramfal Sah Resident of Bibi Ganj, P.S. - Bibi Ganj, District - Kishanganj 2.

Nirmala Devi Wife of Mukesh Chandra Sah Resident of Bibi Ganj, P.S. - Bibi Ganj, District - Kishanganj 3.

Amrish Kumar @ Ambrish Chandra Sah Son of Mukesh Chandra Sah Resident of Bairiya, P.S. - Brahmpur, District - Muzaffarpur 4.

Lalita Devi Wife of Amrish Kumar Resident of Bairiya, P.S. - Brahmpur, District - Muzaffarpur 5.

Rinku Devi @ Rinki Devi Wife of Shivjee Sah Resident of Beliya Patti Chauk, Near Hanuman Mandir, District - Motihari 6.

Shivjee Sah Son of Ramvilas Prasad Resident of Beliya Patti Chauk, Near Hanuman Mandir, District - Motihari ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hafiz Shahbaz Arif, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Mithanpura P.S. Case No. 293 of 2023 registered for the offences punishable under Sections 341, 323, 498A, 504 and 506/34 of the Indian Penal Code.

3. Allegedly, the marriage of the informant was solemnized with the son of petitioners no.1 and 2 ten years ago.

Patna High Court CR. MISC. No.89248 of 2024(2) dt.08-01-2025 2/3 However, soon after the marriage, the informant was subjected to demand of dowry. On account of non-fulfillment of the demand, she was tortured in various ways leading to institution of the FIR.

4. Learned counsel for the petitioners contended that the petitioners are none else but the in-laws of the informant and have been residing separately from the husband of the informant. The marriage of the informant was solemnized ten years ago and, as such, any demand of dowry after ten years does not inspire any confidence. There is no specific allegation against these petitioners and only in order to wreak vengeance, their names have been implicated in this case. Moreover, the petitioners bear fair antecedent.

5. On the other hand, learned counsel for the State vehemently opposed the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation, coupled with the fact that the petitioners are none else but the in-laws of the informant and the marriage was solemnized ten years ago, apart from the fair antecedent of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a

Patna High Court CR. MISC. No.89248 of 2024(2) dt.08-01-2025 3/3 period of four weeks from today, on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Muzaffarpur (East) in connection with Mithanpura P.S. Case No. 293 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C., with further condition that one of the bailors shall be the own/close family members of the petitioners. (Harish Kumar, J) rohit/- U T