PATNA, India, May 29 -- Patna High Court issued the following order on May 1:
Heard learned counsel for the petitioners, learned APP for the State and Learned counsel for the Complainant/O.P. No.2.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Complaint Case No. 833 of 2024, dated 16.4.2024 filed for the offences punishable under Sections 323, 498(A), 406, 420, 506/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
3. As per allegation, the Complainant Kumari Subhya @ Jyoti was married with Deepak Kumar Dubey on 25.06.2019 according to Hindu rites and customs and subsequent to marriage, she had joined her husband at matrimonial home and two children were born out of their wedlock. However, unfortunately, her husband died and the informant is being harassed by the parents-in-law, sister-in-law and brother-in-law who are petitioners herein and they have ousted her from the matrimonial home.
4. Learned counsel for the petitioners submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that there is no truth in the allegation. He also submits that the complainant/wife is always welcome to live in the matrimonial home and at this stage, learned counsel for the Complainant submits that the Complainant will go and reside in the matrimonial home.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.
7. Learned APP for the State and Learned counsel for the Complainant/O.P. No.2 vehemently oppose the prayer of the petitioners for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned court below in connection with Complaint Case No. 833 of 2024, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(iii) That the petitioners will not repeat the offence.
Disclaimer: Curated by HT Syndication.
