27/11/2017
A.B.A. No. 1302 of 2017 1/2
IN THE COURT OF SESSIONS JUDGE,
DISTRICT- KATIHAR, BIHAR
(ANTICIPATORY BAIL APPLICATION NO.1302 of 2017)
IN THE MATTER OF:
1. OM PRAKASH JEJANI
2 CHANDA DEVI ----- ACCUSED/ PETITIONER/S
Vs
THE STATE OF BIHAR ----------------- OPPOSITE PARTY
CA CASE NO. 494 OF 2017
PS.KATIHAR TOWN
U/s 498-A OF IPC & SEC. 4 OF D P ACT.
DISTRICT -KATIHAR
DATE OF HEARING/DISPOSAL: 05.08.2017
ORDER
Apprehending arrest in connection with aforesaid case, the above
named petitioners/accused have filed the present anticipatory bail
petition.
Heard, learned counsel Sh. Saket Kr Samdarshi, appearing on
behalf of the petitioners and learned P P Sh. S. Prasad appearing on
behalf of the state.
Allegation/accusation against the accused persons including the
petitioners as stated in complaint petition is that the accused persons
including the petitioners have subjected the complainant namely Monika
Kumar @ Mili Kumari to cruelty and torture both mentally and physically
due to non-fulfilment of dowry demand of Rs.1,00,000/- and one colour
TV, and lastly she ousted from her matrimonial home by the accused
persons including the petitioners.
The learned counsel appearing on behalf of the petitioners submitted
that the petitioners are innocent persons, have committed no offence and
they have been falsely implicated in this case. It has been further
submitted that the accused/petitioners are in-laws of the complainant
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and they living separately from the husband of complainant and they never
tortured her daughter mentally or physically.
Per contra, the Ld. Public Prosecutor, Sri S. Prasad appearing on
behalf of the State has opposed the prayer of anticipatory bail but fairly
conceded that the petitioners are in-laws of the complainant and
allegations of torture and dowry demand are omnibus.
In view of the aforesaid facts and circumstances of the case and also by
considering that the petitioners are in-laws of the complainant and
allegations are omnibus, and moreover they are living separately,
accordingly, the present anticipatory bail petition of the
accused/petitioners is hereby allowed and the petitioner in the event of
their arrest or surrender within four(4) weeks of this order, shall be
admitted to bail on furnishing bail bond of Rs. 10,000/- with two sureties
of the like amount each to the satisfaction of the court concerned laid
down U/s 438 (2) Cr.P.C.
Sd/-
CHANDRA SHEKHAR JHA,
SESSIONS JUDGE, KATIHAR
Dated: 05.08.2017
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