Mukesh Sah @ Mukesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4166 of 2019 Arising Out of PS. Case No.-27 Year-2017 Thana- SAHIYARA District- Sitamarhi ======================================================

1. Mukesh Sah @ Mukesh Kumar, aged about 26 years (Male), Son of late Vishwanath Sah

2. Sudama Devi, aged about 50 years (Female) Wife of Late Vishwanath Sah Both Resident of Village- Manariya , P.S.- Sahiyara, District Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2019 Heard learned counsels for the petitioners and the State.

The petitioners being the brother and mother of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A and 494 of the IPC and Section 3/4 of the Dowry Prohibition Act. The prosecution case, as per the written report of Bhagwanlal Sah, dated 14.09.2017, submitted to the Station House Officer, Sahiyara Police Station, is to the effect that the informant's daughter, Pinki Kumari was married with coaccused, Rakesh Kumar on 29.05.2015, but subsequent to marriage, further demand of dowry of motorcycle was made and due to non-fulfillment of the same, torture was inflicted upon the informant by the petitioners and other in-laws family

Patna High Court Cr.Misc. No.4166 of 2019(2) dt.28-01-2019 2/2 members of the informant. Ultimately, on 16.12.2015, after snatching jewellaries and all belongings, the informant was driven out from her matrimonial house.

It is submitted by learned counsel for the petitioners that the accusation against the petitioners is omnibus and general. Thrust of accusation is against the husband of the informant and the petitioners claim to be separate from the husband of the informant.

Learned APP submits that the petitioners are named in the FIR.

Considering the nature of accusation and the fact that thrust of accusation is against the husband of the informant, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Sitamarhi in connection with Sahiyara P.S. Case No. 27 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T