Smt. Poonam Kumari And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9367 of 2016 Arising Out of PS.Case No. -257 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Smt. Poonam Kumari daughter of Dinesh Prasad
2. Dinesh Prasad S/o Late Shiv Janam Rai
3. Meena Devi wife of Dinesh Prasad
4. Pramod Kumar S/o Dinesh Prasad All are resident of Mohalla- New Gosai Tola, P.O.- Danapur Contolment, P.S.- Danapur, District- Patna .... .... Petitioners
Versus
1. The State of Bihar
2. Urmila Devi W/o Hari Narayan Prasad, R/o Village- Mulki, P.S.- Paliganj, District- Patna .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kr Singh No.1 For the Opposite Party/s : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-07-2016 Heard learned counsels for the petitioners and the State.
Petitioner No. 4 being the son-in-law of the complainant and petitioner nos. 1 to 3 being sister and parents of petitioner no. 4 are apprehending their arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 452 and 120B.
Prosecution case is that accused persons trespassed into the house of the complainant and forced the complainant to keep the petitioner no.1 as daughter-in-law.
Patna High Court Cr.Misc. No.9367 of 2016 (3) dt.20-07-2016 2/3 It is submitted by learned counsel for the petitioners that the petitioner no.4 is married with the daughter of the complainant, namely, Rekha Kumari. Subsequently, the son of the complainant Sudhir Kumar developed some intimate relationship with petitioner no. 1 Poonam Kumari and they were in living relationship. The son of the complainant Sudhir Kumar performed marriage with petitioner no. 1 Poonam Kumari on 20th November, 2006 in temple concealing this fact from his family members. Sudhir Kumar assured Petitioner no.1 that after getting employment, he will take her to his house, but after being employed as Panchayat teacher, Sudhir Kumar refused to accept her, then the petitioner no. 1 of her own went to her matrimonial house but the complainant and other family members did not accept her as a result, the complaint was filed on 06.03.2014, though the petitioner no. 1 also lodged Paliganj P. S. Case No. 52 of 2014 dated 08.03.2014 under Sections 376, 379 and 120B of the Indian Penal Code.
Considering the nature of accusation and in the background of the dispute with regard to the marriage of Poonam Kumari petitioner no. 1 with Sudhir Kumar, the son of the complainant, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of
Patna High Court Cr.Misc. No.9367 of 2016 (3) dt.20-07-2016 3/3 twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Danapur in connection with Complaint Case No. 257(C) of 2014 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Mishra/- U T