Ram Naresh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 82748 of 2019 Arising Out of Complaint Case No.-4895 Year-2016 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Ram Naresh Bhagat, aged about 59 years, Male Son of Late Mahavir Bhagat @ Late Khushihal Bhagat, Resident of Village- Haradiya, P.S.- Bhore, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vimlawati Devi, aged about 26 years, Female Wife of Rajesh Bhagat, Resident of Village- Haradiya, P.S.- Bhore, District- Gopalganj, presently as daughter of Sukhdeo Bhagat, Village- Lakshimpur, P.S.- Bhore, DistrictGopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey No.5, Advocate For the State :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Complaint Case No. 4895 of 2016 dated 30.08.2016 instituted under Sections 498A of the Indian Penal Code.

3. The allegation against the petitioner and others is of assault due to demand of dowry and also turning away from matrimonial home of the opposite party no. 2, who is the

Patna High Court CR. MISC. No.82748 of 2019 dt.07-01-2020 2/3 daughter-in-law of the petitioner. Further, the allegation against the petitioner is that he had entered into the house of the complainant with bad intention and has started misbehaving with her.

4. Learned counsel for the petitioner submitted that he being the father-in-law is not involved in the domestic affairs of the petitioner and her husband. It was further submitted that the petitioner also does not have any control over his son and whatever he may have done, for the same, he is solely responsible. Learned counsel submitted that the Court has taken cognizance under Section 498A of the Indian Penal Code.

5. Learned APP submitted that from the complaint itself, it is clear that the allegation is with regard to entering the house with bad motive and misbehaving with the complainant. It was further submitted that the Court below has taken note of the fact that on the one hand, the husband of the complainant is living in a foreign country not taking care of the wife whereas, on the other hand, the petitioner, who is the father-in-law wants to establish illicit relationship with her.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.82748 of 2019 dt.07-01-2020 3/3

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T