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Patna High CourtCR. MISC./8436/2015bail granted

Parashnath Pandey And ANR v. State Of Bihar And ANR

2015-03-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8436 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Parashnath Pandey Son of Late Radhakrishna Pandey

2. Gayatri Pandey wife of Parashnath Pandey Both are resident of village - Mudwar, P.S. Bankata, Distt. - Dewariya, (U.P. ) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Prinka Kumari Pandey Daughter of Shashi Bhushan Pandey resident of village - Audhayapuri ( Shrinagar ), P.S. + Distt. - Siwan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Kumar Verma, Advocate. For the Opposite Party/s : Mr. Ram Bachan Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-03-2015 Heard learned counsel for the petitioners, learned A.P.P. for the State as well as learned counsel appearing on behalf of the informant.

The petitioners, two in number, apprehend their arrest in a case registered under Sections 498A/34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act. The informant Priyanka Kumari Pandey made allegations that her husband Vishal Pandey and in-laws subjected her to physical and mental torture. She further alleged that the accused persons snatched her child. Her husband and other in-laws brutally assaulted her.

Learned counsel for the petitioners submits that the petitioners are father-in-law and mother-in-law of the informant.

Patna High Court Cr.Misc. No.8436 of 2015 (2) dt.02-03-2015 2/2 No specific allegation is made against the petitioners. On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail of the petitioners and submitted that the petitioners are the guardians and, at their instance, the occurrence took place. On perusal of the record, it appears that the present case was filed on 09.01.2015. The husband of the informant filed a divorce case on 12.05.2014 in the court of the Principal Judge, Family Court, Lucknow. The petitioners are in-laws of the informant.

Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned 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 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in Siwan (Mufassil) P.S. Case No. 18/15, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T