Kavindra Mishra And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6125 of 2015 Arising Out of PS.Case No. -530 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. Kavindra Mishra S/o late Brahmadeo Mishra (Father-in-law),
2. Shobha Mishra W/o Sri Kavindra Mishra (Mother-in-law)
3. Priya Priyadarshini, D/o Sri Kavindra Mishra (Un-married Sister-in-law i.e. Nanad) All R/o Mohalla- Surkhikal, P.S.- Barari, Distt.- Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shree Kant Pandey For the Opposite Party/s : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2015 Heard both sides.
The petitioners apprehend their arrest in Kotwali (Barari) P.S. Case No. 530 of 2014 registered under sections 341, 323, 498-A, 506/34 of the Indian Penal Code. The informant made allegation that after her marriage the petitioners subject her to cruelty and torture . Learned counsel for the petitioners submits that the petitioners are father-in-law and mother-in-law and married sister-in-law of the informant. All the allegations are palpably false. The police after investigation submitted charge sheet against the petitioners and the husband of the informant.
Patna High Court Cr.Misc. No.6125 of 2015 (2) dt.13-02-2015 2/2 On the other hand learned counsel for the informant while opposing the prayer for anticipatory bail has submitted that petitioners have executed bond under section 41 Cr.P.C., therefore, there is no apprehension of their arrest and they do not deserve anticipatory bail. On perusal of the record it appears that the petitioners are in-laws of the informant. If charge sheet is submitted there is apprehension of their arrest. Considering the facts and nature of allegation made against the petitioners, the above named petitioners in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt /production of a copy of this order are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Bhagalpur in Kotwali (Barari) P.S. Case No. 530 of 2014, subject to the conditions as laid down under section 438(2) Cr.P.C.
(Prabhat Kumar Jha, J) M.Rahman/- U T