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Patna High CourtCR. MISC./11355/2015bail granted

Bashudeo Keshri @ Basudeo Keshri And ANR v. State Of Bihar And ANR

2015-03-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11355 of 2015 Arising Out of PS.Case No. -313 Year- 2009 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Bashudeo Keshri @ Basudeo Keshri Son of late Jagni keshri.

2. Smt. Sunaina Devi wife of Om Keshri Both of village Sonakhar, p.s. Sanokhar, District Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Anita Keshri@ Anita Devi wife of Late Pankaj Kumar Choudhary, Daughter of Mandeshwar Keshri Of Village & P.s. Sanokhar, District Bhagalpur. Also of Village Chhatpatia, P.s. Amdanda, District Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiwesh Chandra Mishra, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-03-2015 Heard learned counsel for the petitioners and the State.

The petitioners being the uncle and mother of the Late husband of the complainant are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by the learned counsel for the petitioners that accusation is omnibus and general in nature and the order of cognizance was passed on 01.05.2013. The petitioners are ready to allow the complainant to enjoy her

Patna High Court Cr.Misc. No.11355 of 2015 (2) dt.19-03-2015 share of property in the in-laws house.

Considering the present stand of the petitioners, let the above named petitioners be released on bail in the event of their arrest or 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 the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bhagalpur in connection with Complaint Case No. 313 of 2009, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

The bail bonds of the petitioners shall be accepted by the learned court below on filing affidavit to the effect that they will allow the complainant to enjoy her share of property in the in-laws house. The violation of undertaking made in the affidavit will give liberty to the learned court below to cancel the bail bonds of the petitioners.

(Dinesh Kumar Singh, J) P.K./- U T