Patna High CourtCR. MISC./19783/2016bail granted

Manorma Devi And ORS v. The State Of Bihar

2016-05-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19783 of 2016 Arising Out of PS.Case No. -138 Year- 2015 Thana -PARAIYA District- GAYA ======================================================

1. Manorma Devi , wife of Stayadeo Singh

2. Rocky Kumar, son of Satya Deo Singh

3. Narendra Singh @ Madan Singh, son of Late Ram Sanehi Singh

4. Munni Devi @ Swati Devi, wife of Ravi Kumar, daughter of Satya Deo Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nand Kishore Prasad Sinha For the Opposite Party/s : Mr. R.P.S.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-05-2016 Petitioners being mother, brother, uncle and married sister of the husband of the daughter of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 365, 498A, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand within a period of one year of marriage.

It is submitted by learned counsel for the petitioners that thrust of accusation is against the husband of the daughter of the informant and petitioners have no objection to allow the daughter of the informant to enjoy her share of property in the matrimonial house.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or

Patna High Court Cr.Misc. No.19783 of 2016 (2) dt.03-05-2016 2/2 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 Judicial Magistrate, 1st Class, Gaya in connection with Paraiya P.S. Case No. 138 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioners shall be accepted on filing separate affidavit that they will allow the daughter of 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