Patna High CourtCR. MISC./13962/2016bail granted

Shishir Mandal And ORS v. The State Of Bihar

2016-03-30Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13962 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -MAHILA P.S. District- MUNGER ======================================================

1. Shishir Mandal, son of Late Ayodhya Mandal

2. Jayant Mandal, son of Late Ayodhya Mandal

3. Basant Kumar @ Basant Mandal, son of Late Ayodhaya Mandal All are residents of Mohalla-Basudeopur, P.S.-Kotwali, DistrictMunger .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Indu Bhushan For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-03-2016 Petitioners being brothers of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 498A/34/497 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture and the husband having adulterous relationship with a lady namely Gita Devi.

It is submitted by learned counsel for the petitioners that accusation is omnibus and general against the entire in-laws family including the petitioners and the thrust of accusation is against the husband of the informant who is ready to keep the informant with dignity and honour. The petitioners are also ready to allow the informant to enjoy her share of property in the matrimonial house.

Considering the aforesaid facts, let the

Patna High Court Cr.Misc. No.13962 of 2016 (2) dt.30-03-2016 2/2 petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 3rd, Munger in connection with Mahila P.S. Case No. 1 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bonds of the petitioners will be accepted on filing separate affidavit to the effect that petitioners shall allow the informant to enjoy her share of property in the matrimonial house. It is expected from the learned court below to get the said affidavit transmitted to the concerned police station.

(Dinesh Kumar Singh, J) Shageer/- U T