Shyam Nandan Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20152 of 2016 Arising Out of PS.Case No. -998 Year- 2013 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Shyam Nandan Singh son of late Kamleshwari Prasad singh

2. Chitralekha Devi wife of Shyam Nandan singh Both are resident of village Saraiya P.S.- Chautham District-Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mamta Kumari @ Anjur Kumari wife sanjeev kumar Daughter of Sri Murlidhar prasad singh Resident of village + P.S. Alamnagar District - Madhepura.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Gulnar Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2016 Heard learned counsels for the petitioners and the State. The petitioners being parents 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 under Section 498A of the Indian Penal Code and section 4 of Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands. It is specifically alleged that the petitioners also abetted to kill the complainant by causing burn injury. It is submitted by the learned counsel for the petitioners that admittedly no injury was caused to the complainant. It is

Patna High Court Cr.Misc. No.20152 of 2016 (2) dt.06-05-2016 2/2 further submitted that the husband of the complainant has filed Matrimonial Suit No. 19 of 2012 on 1.3.2012 with a prayer for divorce before the court of the learned Principal Judge, Family Court, Khagaria in which notices have been issued and the complainant has entered appearance on 5.12.2012 and thereafter the present complaint has been filed on 19.8.2013. The complainant has also filed Matrimonial Case No. 120 of 2013 claiming maintenance from the husband.

Considering the thrust of accusation being against the husband of the complainant, 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) each with two sureties of the like amount each to the satisfaction of learned SDJM, Udakishunganj (Madhepura) in connection with Complaint Case No. 998C of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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