Raju Kumar Gond @ Raju Gond And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53601 of 2015 Arising Out of PS.Case No. -56 Year- 2015 Thana -DURAULI District- SIWAN ======================================================

1. Raju Kumar Gond @ Raju Gond Son of Nand Kishore Gond

2. Indu Devi, Daughter of Nand Kishore Gond

3. Panmati Devi, Wife of Nand Kishore Gond All of village - Kashila, Police Station - Asaon, District -Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kiran Devi, Wife of Sanjay Sah, Daughter of Prahlad Gond, Village - Sahjaniya, Punak, P.S. Darauli, District -Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-11-2015 Heard learned counsels for the petitioners and the State.

The petitioners being brother, sister and mother of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 323, 498A, 307, 316 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of the dowry demand, making assault to the informant and getting the pregnancy terminated.

It is submitted by learned counsel for the petitioners that there is no injury report on the record, the

Patna High Court Cr.Misc. No.53601 of 2015 (2) dt.26-11-2015 2/2 accusation is omnibus and general and, in fact, pregnancy was not terminated.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail provisionally for three months in the event of their arrest or 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 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Darauli P.S. Case No. 56 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail of the petitioners will be confirmed by the learned court below on verification of the fact that the informant did not receive any grievous injury nor the pregnancy was terminated, but if it is found otherwise then the petitioners will surrender and pray for regular bail. (Dinesh Kumar Singh, J) DKS/- U T