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Ram Naresh Bhagat vs The State Of Bihar on 7 January, 2020

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, District-
Gopalganj
… … 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

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