Brij Mohan Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1034 of 2016 Arising Out of PS.Case No. -51 Year- 2015 Thana -MAHILA P.S DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Brij Mohan Prasad S/o Late Laxmi Prasad
2. Gayatri Devi W/o Brij Mohan Prasad
3. Rajiv Prasad @ Rajiv Kumar S/o Brij Mohan Prasad
4. Kanhaiya Prasad @ Kanhaiya Kumar S/o Brij Mohan Prasad All residents of Village - Chanpatia, P.S. - Chanpatia, District - West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Adv. For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2016 Heard learned counsels for the petitioner and the State. The petitioners being the parents and brothers of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 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.
It is submitted by learned counsel for the petitioners that the accusation against the petitioners is omnibus and general and the thrust of accusation is against the husband of the informant.
Patna High Court Cr.Misc. No.1034 of 2016 (2) dt.07-01-2016 2/2 The husband of the informant filed Matrimonial Suit No. 167 of 2015 for restitution of conjugal rites.
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 SDJM, Bagaha, West Champaran in connection with Bagaha Mahila P.S. Case No. 51 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T