Chanchal Ram And ORS v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9746 of 2019 Arising Out of PS. Case No.-208 Year-2018 Thana- MAJHAULIA District- West Champaran ======================================================
1. Chanchal Ram, S/o Late Satgun Ram, Resident of Village- Chailabhar, P.S.- Majhauliya, District- West Champaran.
2. Champa Devi, W/o Chanchal Ram Resident of Village- Chailabhar, P.S.- Majhauliya, District- West Champaran.
3. Pramila Devi @ Pramil Devi, D/o Chanchal Ram Resident of VillageChailabhar, P.S.- Majhauliya, District- West Champaran. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Devi, W/o Nandlal Ram, D/o Late Hira Ram. Resident of VillageBagahi Baghambarpur, P.S.- Bairiya, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2019 Heard learned counsels for the petitioners and the State.
The petitioners, being the parents and sister of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act.
The prosecution case, as per the FIR, is to the effect that the informant was married with Nandlal Ram, the son of petitioner nos. 1 and 2, on 10.06.2015, but subsequent to the
Patna High Court Cr.Misc. No.9746 of 2019(2) dt.19-02-2019 2/3 marriage, due to non-fulfillment of further dowry demand of Rs. 1 lac, the informant was tortured by all the accused persons including the petitioners and ultimately, after snatching all the belongings, the informant was driven out from the matrimonial house on 24.03.2018.
It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the informant. The petitioners claim to be separate from the husband of the informant. The accusation against the petitioners is general and omnibus.
Learned APP submits that the petitioners are named in the FIR.
Considering the thrust of accusation being against the husband of the informant, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/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 like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 208 of 2018, subject
Patna High Court Cr.Misc. No.9746 of 2019(2) dt.19-02-2019 3/3 to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T