Laxman Prasad Shrivastava And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10997 of 2019 Arising Out of PS. Case No.-332 Year-2018 Thana- SIKARPUR District- West Champaran ======================================================
1. Laxman Prasad Shrivastava, S/o Late Triloki Prasad Shrivastava R/o Hadiya, Ward No. 21, P.S.- Shikarur, District- West Champaran.
2. Meera Srivastava, W/o Laxman Prasad Shrivastava R/o Hadiya, Ward No. 21, P.S.- Shikarur, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2019 Heard learned counsels for the petitioners and the State.
The petitioners, being the parents of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A, 323, 506 and 341/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act. The prosecution case, as per the written report of Supriya Raj, dated 03.09.2018, submitted to the Station House Officer, Shikarpur Police Station, is to the effect that the informant was married with the son of the petitioners, namely, Dimanshu Srivastava on 18.04.2018, but subsequent to the marriage, further dowry demand of Rs. 5 lacs and transfer of a piece of land was made and due to non-fulfillment of the same, the
Patna High Court Cr.Misc. No.10997 of 2019(2) dt.25-02-2019 2/3 torture was inflicted by the petitioners and other in-laws family members. Ultimately, on 24.08.2018, the informant was assaulted by all the accused persons and ultimately, she was driven out from the matrimonial house.
It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the informant. The accusation against the petitioners is omnibus and general. It is further submitted that there is no medical report on record to corroborate the accusation of assault. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the petitioners are named in the FIR with accusation.
Considering the thrust of accusation being levelled 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
Patna High Court Cr.Misc. No.10997 of 2019(2) dt.25-02-2019 3/3 Champaran in connection with Shikarpur P.S. Case No. 332 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T