Upendra Rai And ORS v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7562 of 2019 Arising Out of PS. Case No.-211 Year-2018 Thana- AWTARNAGAR District- Saran ======================================================

1. UPENDRA RAI aged about 40 years(male), son of Gopal Rai

2. Munni Devi, aged about 34 years(female), Wife of Upendra Rai

3. Bataki Devi, aged about 65 years(female), Wife of Gopal Rai All are Resident of Village - Hakikatpur, P.S. Awatarnagar, Dist.-Saran ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR

2. Gita Devi, aged about 32 years(female), Wife of Nagendra Rai, Daughter of Ramadhar Rai Resident of Village - Sabalpur Pashchimari Tola Babhan Toli, P.S. Sonepur, Dist.-Saran Matrimonial address-Hakikatpur, P.S. Awatar Nagar, Dist.-Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-02-2019 Heard both sides.

The petitioners apprehend their arrest in Awatar Nagar P.S. Case No.211 of 2018 registered under Section 498(A) and other Sections of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act.

The informant alleged that after her marriage with Nagendra Rai, she went to her sasural but her husband and other in-laws continued to torture her due to demand of ornaments and cash of Rs.5 lacs. On 07.08.2018, the accused persons assaulted her and drove her out from the house with her children.

Patna High Court Cr.Misc. No.7562 of 2019(2) dt.08-02-2019 2/2 The learned counsel for the petitioners submits that the petitioners are in-laws of the informant. The informant did not make any specific allegation against the petitioners. The marriage was solemnised in the year 2006 and the informant lived with her husband and led happy conjugal life. The husband of the informant filed matrimonial suit under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The petitioners have no manner of concern with the family affairs of the informant and her husband.

Taking into consideration the facts aforesaid and the fact that the petitioners are in-laws of the informant, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. XI, Saran at Chapra in connection with Awatar Nagar P.S. Case No.211 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T