Birendra Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16154 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -MAHILA P.S. District- LAKHISARAI ====================================================== Birendra Kumar, son of Swarath Mahto, resident of Village-Bamdah, P.S.- Sikandra, District-Jamui .... .... Petitioner/s
Versus
1. The State of Bihar
2. Pinki Devi, wife of Sanoj Mahto .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Narsingh Tanti For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-04-2016 Petitioner being brother of the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 307, 380, 34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner that thrust of accusation is against the husband of the informant and the accusation against the petitioner is of taking out Rs. 10,000/- from the box of the mother of the informant and addressed the informant as witch. It is further submitted that accusation has been levelled against the petitioner since petitioner happens to be the brother of the husband of the informant.
Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender
Patna High Court Cr.Misc. No.16154 of 2016 (2) dt.13-04-2016 2/2 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) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Lakhisarai in connection with Lakhisarai Mahila P.S. Case No. 07 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T