- (1.) 02/20.05.2014 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
(2.) PETITIONER is said to be father -in -law of the informant, who has been implicated along with other family members in connection with Bariatu (Gonda) P.S. Case No. 333 of 2013 corresponding to G. R. No. 5312 of 2013 for the offence under Section 498 A/354 A/307 of the Indian Penal Code and Section /4 of the Dowry Prohibition Act pending in the Court of learned Judicial Magistrate, 1st Class, Ranchi. 3. It is submitted by the petitioner that he is a Government servant employed at Ranchi aged about 59 years of age on the verge of retirement. It is stated that he lives with three unmarried daughters in two rooms house and the whole allegation against the petitioner of having tried to outrage her modesty has been concocted. It is further submitted that after the marriage of the informant with son of the present petitioner on 02.06.2013, on 05.07.2013, she left her matrimonial house in absence of her husband by carrying all her belongings. The petitioner filed an informatory application on 26.08.2013 before the learned Chief Judicial Magistrate, Patna. The petitioner's son has also filed a Matrimonial Case No. 688 of 2013 dated 27.08.2013 for restitution of conjugal rights before the Principal Judge, Family Court, Patna. Thereafter, the present FIR has been lodged on 24.09.2013 by the informant making a whole lot of allegation against all the family members including the present petitioner. It is submitted that anticipatory bail has been granted to all three unmarried daughters by the Court below itself and anticipatory bail has also been granted to his wife(mother -in -law of the informant) by this Court. Learned counsel for the petitioner, therefore, submits that he has been unnecessarily incarcerated as he has voluntarily surrendered on 26.03.2014 and is in custody since then.
(3.) LEARNED counsel for the State has opposed the prayer for bail of the petitioner and submits that demand of dowry and torture has been made against family members including the petitioner, who is father -in -law, within one year of the marriage.;