Lakhiya Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7999 of 2016 Arising Out of PS.Case No. -205 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Lakhiya Devi, wife of Awadhesh Prasad Singh

2. Awadhesh Prasad Singh, son of late Deo Saran Singh

3. Satish Kumar, son of Awadhesh Prasad Singh

4. Anita Devi @ Anita Kumari, wife of Satish Kumar

5. Sanjeev Kumar Singh @ Sanjeev Kumar, son of Awadhesh Prasad Singh

6. Sanjay Singh, son of Jagadeo Singh

7. Ramani Devi @ Ramuni Devi, wife of Sanjay Singh .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr. R.N.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2016 Heard learned counsels for the petitioners and the State.

The petitioners being parents, brothers, brother's wife, brother-in-law and sister of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 504 and 379/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Basic accusation is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioners that the petitioners admits marriage of the informant with Amresh

Patna High Court Cr.Misc. No.7999 of 2016 (2) dt.18-02-2016 2/2 Kumar but the husband of the informant filed Matrimonial Suit No.840/2015 with a prayer for divorce on 28.07.2015 wherein the notices were issued on 12.08.2015 and thereafter the present FIR was registered on 03.09.2015, though, the informant has appeared in the matrimonial suit on 7.09.2015. The thrust of accusation is against the husband of the informant and the accusation is omnibus and general.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No.205/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T