Arun Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1796 of 2019 Arising Out of PS. Case No.-148 Year-2018 Thana- HASPURA District- Aurangabad ======================================================
1. Arun Kumar, son of Suryadeo Paswan @ Suryadeo Ram
2. Arti Devi, wife of Arun Kumar
3. Shashi Kumar, son of Arun Kumar
4. Nanju Devi @ Ranju Kumari, daughter of Arun Kumar All are Resident of R/O Nur Ganj, P.S. -Barun, District-Aurangabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners, being the parents, brother and married sister of the husband of the informant, are apprehending arrest in a case registered for the offences punishable under Sections 498A/379/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.
The prosecution case got initiated on the basis of written report dated 03.07.2018 submitted by Puja Kumari to the Station House Officer, Haspura Police Station to the effect that the informant's marriage was performed with Sushil Kumar on 09.05.2017. But subsequent to marriage, further dowry demand of a Bolero vehicle or in lieu thereof Rupees Seven Lac cash
Patna High Court Cr.Misc. No.1796 of 2019(2) dt.15-01-2019 2/3 was made and due to non-fulfillment of the same, torture was inflicted upon the informant. It is alleged that the accused persons used to assault the informant. On 20.04.2018, the informant came to know that the accused persons are planning to kill her. Thereafter, the informant, in the next morning, somehow reached her parents' house. On 01.07.2018, the husband of the informant came at her parents' house and somehow got the informant to agree to go to the matrimonial house, but on the way, the husband of the informant assaulted the informant and after snatching her jewelry escaped from the scene.
It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the informant. They claim to be reside separately from the husband of the informant. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP for the State that there is specific accusation against the petitioners in the FIR. Considering the thrust of accusation against the husband of the informant, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having
Patna High Court Cr.Misc. No.1796 of 2019(2) dt.15-01-2019 3/3 any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Daudnagar, in connection with Haspura P.S. Case No.148 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T