Dhanpatiya Devi And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.19795 of 2015 (02) dt.15-05-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19795 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -BHORE District- GOPALGANJ ======================================================
1. Dhanpatiya Devi
2. Ram Bircha Singh .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Naresh Dikshit-Advocate For the Opposite Party/s : Mr. Raj Kishore Singh- (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 15-05-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.
It happens to be a case related to torture and cruelty. In ordinary course of nature, the mother in-law, father in-law and other family members excluding the husband is entitled for anticipatory bail and should be allowed, but in case, there happens to be allegation, then in that event, the aforesaid privilege is found completely shut down.
Now, coming to the allegation, there happens to be specific averment in the written report regarding father in-law and mother in-law, how they behaved with the informant. That being so, I do not see it a fit case for grant of anticipatory bail to the petitioner no.1, Dhanpatiya Devi. Accordingly, prayer of petitioner no.1 is rejected.
Patna High Court Cr.Misc. No.19795 of 2015 (02) dt.15-05-2015 With regard to petitioner no.2, Ram Bircha Singh, he is directed to be released 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, Gopalganj in connection with Bhorey P. S. Case no.41 of 2015, in event of his arrest/ surrender within four weeks subject to condition as enumerated under Section 438(2) of the Cr.P.C. (Aditya Kumar Trivedi, J) Vikash/- U T