Binda Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.756 of 2016 Arising Out of PS.Case No. -306 Year- 2015 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Binda Devi (Mother-in-law) wife of Mantu Mahto

2. Kajal Kumari (Nanad), daughter of Mantu Mahto

3. Poonam Kumari (Nanad) daughter of Mantu Mahto

4. Bishwakarma Kumar @ Nawlesh (cousin brother-in-law), son of Late Birendra Mahto

5. Ram Pravesh Mahto (Cousin father-in-law) son of Bhagru Mahto

6. Manish Kumar, son of Ram Pravesh Mahto,

7. Dhananjay Mahto son of Gorakh Mahto

8. Mantu Mahto (father-in-law) son of Bhagru Mahto

9. Nitish Kumar (Dewar), son of Mantu Mahto All resident of village- Patan Bigha, P.S.- Islampur, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Adv. For the Opposite Party/s : Mr. Shyam Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-01-2016 Heard learned counsels for the petitioners and the State. The petitioners being the mother, unmarried sisters, cousin brothers, cousin brother-in-law, cousin father-in-law and brother of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341, 323 and 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand.

Patna High Court Cr.Misc. No.756 of 2016 (2) dt.06-01-2016 It is submitted by learned counsel for the petitioners that the accusation of making assault is omnibus and general against the petitioners and thrust of accusation is against the husband of the informant who is in custody.

Considering the aforesaid facts, 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 `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Nalanda in connection with Islampur P.S. Case No. 306 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioners shall be accepted by learned court below on filing separate affidavit by each petitioner that they will allow the complainant to enjoy her share of property in matrimonial house. The said affidavit will be transmitted by learned court below to the concerned I.O.

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