Balmiki Mistry And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15051 of 2016 Arising Out of PS.Case No. -235 Year- 2015 Thana -SIRDALA District- NAWADA ======================================================

1. Balmiki Mistry

2. Santosh Mistry

3. Sudhir Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Sahin Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-04-2016 Heard learned counsels for the petitioners and the State. The petitioners being father and brothers of husband of informant are apprehending arrest in a case registered for the offences punishable under Section 498(A), 494 and 379 of the Indian Penal Code.

The basic accusation is of torture for non-fulfilling dowry demands and performing second marriage by the husband of informant.

It is submitted by the learned counsel for the petitioners that accusation is omnibus and general. The thrust of accusation is against the husband of the informant and the husband of informant filed Matrimonial case No. 23 of 2011 for restitution of conjugal rights but when the informant failed to appear in the court, the

Patna High Court Cr.Misc. No.15051 of 2016 (2) dt.05-04-2016 2/2 husband of informant performed second marriage. 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nawada in connection with Sirdalla P.S. Case No. 235 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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