Chando Rajbanshi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7401 of 2015 Arising Out of PS.Case No. -873 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================
1. Chando Rajbanshi son of Late Dhani Rajbanshi
2. Sarsatia Devi wife of Chando Rajbanshi
3. English Rajbanshi @ English Rajvanshi son of Chando Rajbanshi All resident of Village - Mirchak Tola Bhagalpur, P.S. Warsaliganj, District - Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Kabo Devi wife of English Rajbanshi @ English Rajbanshi, Daughter of Gulechan Rajbanshi Resident of village - Pasay, P.S. - Nardiganj, District - Nawada.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate. For the Opposite Party/s : Mr. U.S.P Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-02-2015 Heard both sides.
The petitioners apprehend their arrest in Complaint Case No. 873 of 2014, registered for the offence punishable under Section 498A of the Indian Penal Code.
The wife made allegation of demand of dowry and torture against her husband and other family members. The petitioners are father-in-law and mother-in-law and husband of the complainant.
Learned counsel for the petitioners submits that the husband i.e. petitioner no. 3 English Rajbanshi @ English
Patna High Court Cr.Misc. No.7401 of 2015 (2) dt.23-02-2015 2/3 Rajvanshi is ready to keep his wife on any undertaking. Since the petitioner nos. 1 and 2 Chando Rajbanshi and Sarsatia Devi are father-in-law and mother-in-law of the complainant, they, 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) each with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Nawada in connection with Complaint Case No. 873 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
So far as the case of petitioner no. 3 English Rajbanshi @ English Rajvanshi is concerned, he is husband and since he is ready to keep his wife, the petitioner, is directed to surrender in the court below and the court below shall enlarge the petitioner on provisional bail, after issuing notice to the informant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Nawada in connection with Complaint Case No. 873 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below
Patna High Court Cr.Misc. No.7401 of 2015 (2) dt.23-02-2015 3/3 shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved, the provisional bail granted to the petitioner shall be confirmed and if the dispute does not resolve the court below shall pass order in accordance with law. (Prabhat Kumar Jha, J.) KKSINHA/- U T