Santosh Kumar @ Santosh Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4518 of 2020 Arising Out of PS. Case No.-145 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

SANTOSH KUMAR @ SANTOSH MISTRI, S/o Dilip Mistri, R/o villageBehrawan, P.S.- Barh, District- Patna 2.

Vina Devi, W/o Dilip Mistri, R/o village- Behrawan, P.S.- Barh, DistrictPatna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Puja Sharma W/o Santosh Mistri, D/o Surendra Sharma R/o villageBehrawan, P.S.- Barh, District- Patna, at present residing at villageMakshidpur, P.S.- ASthama, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners, being the mother and brother of the husband of the complainant, are apprehending arrest in a complainant case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 323 and 504/34 of the Indian Penal Code. The prosecution case as per the complainant is that the complainant was married with one Santosh Mistry, the brother of petitioner no.1 and son of petitioner no.2, but subsequent to

Patna High Court CR. MISC. No.4518 of 2020(2) dt.29-02-2020 2/3 marriage, there was further dowry demand of Rupees One Lac and due to non-fulfillment of the same, torture was inflicted upon the complainant.

It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the complainant and the husband of the complainant is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in paragraph no.10 of the petition. A further 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 the petitioners are named in the FIR.

Considering the fact that the thrust of accusation is against the husband of the complainant and statement made in paragraph no.3 of the petition that the petitioners are not having 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 Judicial Magistrate, 1st Class, Barh,

Patna High Court CR. MISC. No.4518 of 2020(2) dt.29-02-2020 3/3 Patna, in connection with Complaint Case No. 145C of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T