Ayodhya Prasad Ojha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84506 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- MAHILA PS District- Katihar ====================================================== 1.
AYODHYA PRASAD OJHA Son of Late Ram Nath Ojha, Resident of Gandhi Nagar, Hospital Road, P.S. Kishanganj, District - Kishanganj. 2.
Kalawati Devi Wife of Ayodhya Prasad Ojha, Resident of Gandhi Nagar, Hospital Road, P.S. Kishanganj, District - Kishanganj. 3.
Birendra Kumar Ojha @ Birendra Ojha @ Munna Ojha Son of Ayodhya Prasad Ojha, Resident of Gandhi Nagar, Hospital Road, P.S. Kishanganj, District - Kishanganj.
4.
Jitendra Kumar Ojha @ Jitendra Ojha Son of Ayodhya Prasad Ojha, Resident of Gandhi Nagar, Hospital Road, P.S. Kishanganj, District - Kishanganj.
5.
Sweta Kumari D/O Ayodhya Prasad Ojha, Resident of Gandhi Nagar, Hospital Road, P.S. Kishanganj, District - Kishanganj. 6.
Sumiran Devi Wife of Rajan Ojha, Resident of Village, P.O. and P.S. - Amarpur, District - Bhagalpur.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Sangeeta Kumari Wife of Rabindra Kumar Ojha D/O Late Satya Narain Pandey, Resident of Mohalla - Shivajinagar, Laliyahi, Ward No. 10, P.S. Sahayak, District - katihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bajarangi Lal, Adv.
For the State :
Mr.Sanjay Kumar Pandey, APP for the informant : Mr. Bimal Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-06-2020 Heard learned counsel for the petitioners, learned A.P.P. and learned counsel for the informant through Video Conferencing.
The petitioners apprehend their arrest in Mahila P.S. Case No.43 of 2019 registered under Sections 498A, 323, 504,
Patna High Court CR. MISC. No.84506 of 2019(3) dt.18-06-2020 2/3 307 and 34 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.
The informant made allegations of demand of dowry and torture against her husband and other in-laws. Learned counsel for the petitioners submits that the husband of the informant has already been granted anticipatory bail vide order dated 28.02.2020 passed in Cr.Misc.No.6994 of 2020. The petitioners are father-in-law and other in-laws of the informant.
On the other hand, learned counsel for the informant submits that some condition may be imposed while granting anticipatory bail as the petitioners are also alleged to have subjected the informant to all sorts of tortures. Having considered the facts and the nature of allegations made against the petitioners and the fact that the husband of the informant has already been granted anticipatory bail and the petitioners are in-laws 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of
Patna High Court CR. MISC. No.84506 of 2019(3) dt.18-06-2020 3/3 the like amount each to the satisfaction of learned S.D.J.M., Katihar in connection with Mahila P.S. Case No.43 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Harish/- U T