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Patna High CourtCR. MISC./19062/2016bail granted

Shail Devi And ORS. v. State Of Bihar And ANR

2016-05-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19062 of 2016 Arising Out of PS.Case No. -35 Year- 2015 Thana -COMPLAINT CASE District- SHEOHAR ======================================================

1. Shail Devi wife of Ramchandra Sahni

2. Jitendra Sahni son of Ramchandra Sahni.

3. Upendra Sahni son of Ramchandra Sahni

4. Aruna Devi wife of Upendra Sahni.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar, Adv. For the Opposite Party/s : Mr. Dr. Ravindra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-05-2016 Heard learned counsels for the petitioner and the State. The petitioners being the parents, brother and brother's wife of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 323 of the Indian Penal Code. The basic accusation is of torture.

It is submitted by learned counsel for the petitioners that the accusation against the petitioners is omnibus and general and thrust of accusation is against the husband of the complainant. It is further submitted that the husband of the complainant has filed Matrimonial Suit No. 07 of 2015 for restitution of conjugal right. Considering the aforesaid facts, let the above named

Patna High Court Cr.Misc. No.19062 of 2016 (2) dt.02-05-2016 2/2 petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Sheohar in connection with Complaint Case No. C-1/35 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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