Patna High CourtCR. MISC./3262/2016bail granted

Manju Devi And ANR. v. State Of Bihar And ANR

2016-01-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3262 of 2016 Arising Out of PS.Case No. -6355 Year- 2015 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Manju Devi wife of Gyani Chauhan

2. Gyani Chauhan son of Dhoko Chauhan Resident of village- Netana, P.S. Kadirganj, District- Nawada .... .... Petitioner/s

Versus

1. The State of Bihar

2. Champa Kumari W/o Jitendra Chauhan D/o- Puna Chauhan, R/o VillageHasanpura, P.S.- Akbarpur, District- Nawada .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Smt. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-01-2016 Heard learned counsels for the petitioner and the State. The petitioners being the parents of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A 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 petitioner that the thrust of accusation is against the husband of the complainant and the petitioners claim to be separate from the husband of the

Patna High Court Cr.Misc. No.3262 of 2016 (2) dt.20-01-2016 2/2 complainant. Moreover, the husband of the informant is ready to keep the informant as wife with full dignity and honour, statement to that effect has been made in para 10 of the petition which reads as follows:- "That the complainant's husband is ready to keep his wife with full dignity and is also ready to establish conjugal life with his wife."

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 C.J.M., Nawada in connection with Complaint Case No. 6355 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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