Amar Sahu @ Amar Sah @ Amar Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.672 of 2024 Arising Out of PS. Case No.-276 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.
AMAR SAHU @ AMAR SAH @ AMAR KUMAR SAH SON OF BAIJU SAH @ BAIJU SAHU @ BAIJNATH SAH Resident of MohallaMEERGANJ WARD NO. 23, PS- TOWN, (NAGAR), DISTTBEGUSARAI 2.
SANJAY SAHU @ SANJAY SAH @ SANJAY KUMAR SON OF BAIJU SAH @ BAIJU SAHU @ BAIJNATH SAH Resident of MohallaMEERGANJ WARD NO. 23, PS- TOWN, (NAGAR), DISTTBEGUSARAI 3.
BAIJU SAH @ BAIJU SAHU @ BAIJNATH SAH SON OF LATE SITARAM SAH @ LATE RAM SITA SAHU Resident of MohallaMEERGANJ WARD NO. 23, PS- TOWN, (NAGAR), DISTTBEGUSARAI 4.
SANJHO DEVI WIFE OF BAIJU SAH @ BAIJU SAHU @ BAIJNATH SAH Resident of Mohalla-MEERGANJ WARD NO. 23, PS- TOWN, (NAGAR), DISTT- BEGUSARAI 5.
NUTAN DEVI WIFE OF LATE PRABHU SAH @ PRABHU SAH Resident of Mohalla-MEERGANJ WARD NO. 23, PS- TOWN, (NAGAR), DISTT- BEGUSARAI 6.
NEHA DEVI @ NEHA KUMARI WIFE OF AMAR SAHU @ AMAR SAH @ AMAR KUMAR SAH Resident of Mohalla-MEERGANJ WARD NO. 23, PS- TOWN, (NAGAR), DISTT- BEGUSARAI 7.
RUPA DEVI @ RUPAM KUMARI @ RUPAM DEVI WIFE OF SANJAY SAHU @ SANJAY SAH @ SANJAY KUMAR Resident of MohallaMEERGANJ WARD NO. 23, PS- TOWN, (NAGAR), DISTTBEGUSARAI ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
SMT. PUJA KUMARI WIFE OF VIJAY KUMAR SAHU @ VIJAY SAHU Resident of Mohalla- PARORA, PS- KHODAWANDPUR (CHHAURAHI OP), DISTT- BEGUSARAI ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kr Gautam, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER
Patna High Court CR. MISC. No.672 of 2024(2) dt.29-01-2024 2/3 29-01-2024 Heard learned counsel appearing on behalf of the parties.
2.
The petitioners apprehend their arrest in connection with Complaint Case No.276C of 2023 registered for the offence under Sections 323 and 498(A)/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act but cognizance has been taken only under Section 498(A) of the Indian Penal Code.
3.
The allegation against the petitioners is to have assaulted and abused the complainant due to nonfulfillment of demand of dowry. 4.
Learned counsel appearing on behalf of the petitioners submits that petitioner have falsely been implicated in the present case. It is submitted that petitioners are other than husband of the complainant. It is also submitted that petitioner no.1 is brother-in-law (bhaisur), petitioner no.2 is brother-in-law (devar), petitioner no.3 is father-in-law, petitioner no.4 is mother-in-law of the complainant and rest of the petitioners are gotani of the complainant. It is further submitted that from perusal of complaint, it appears that allegation as regard to assault is general and omnibus against these petitioners. It is also submitted that petitioners have no criminal antecedent.
Patna High Court CR. MISC. No.672 of 2024(2) dt.29-01-2024 3/3 5.
Learned APP appearing on behalf of the State, opposes the prayer for 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 or surrender before the Court below within six weeks from today, the petitioners abovenamed be released on bail upon furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Begusarai in connection with Complaint Case No.276C of 2023 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 with a further condition that one of the bailors of the petitioners shall be close relative of the petitioners.
(Ramesh Chand Malviya, J) S.Katyayan/- U T