Umesh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16160 of 2019 Arising Out of PS. Case No.-438 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== 1.

Umesh Mishra, S/o Late Jagdish Mishra, Resident of Village- Purkhauli, P.S.- Lalganj, Dist. - Vaishali.

2.

Basanti Devi, W/o Umesh Mishra, Resident of Village- Purkhauli, P.S.- Lalganj, Dist. - Vaishali.

3.

Dilip Mishra, S/o Umesh Mishra, Resident of Village- Purkhauli, P.S.- Lalganj, Dist. - Vaishali.

4.

Rakesh Mishra @ Chhotan, S/o Umesh Mishra, Resident of VillagePurkhauli, P.S.- Lalganj, Dist. - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Bihari Tiwary For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsels for the petitioners and the State.

The petitioners, being the parents and brothers of the husband of the daughter of the informant are apprehending arrest in a case registered for the offences punishable under Section 498A of the IPC and Sections 3/4 of the Dowry Prohibition Act.

The prosecution case, as per the written report of Dileep Kumar Mishra, dated 05.12.2019, submitted to the Station House Officer, Lalganj Police Station, is to the effect that the

Patna High Court CR. MISC. No.16160 of 2019(2) dt.15-03-2019 2/3 daughter of the informant, namely, Pammi Kumar was married with co-accused Mahesh Mishra in the year 2017, but subsequent to the marriage, the daughter of the informant was tortured by the petitioners and other in-law family members for non-fulfillment of the further dowry demand of Rs. 3 lacs and a motorcycle.

It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the daughter of the informant. The accusation against the petitioners is omnibus and general and the petitioners claim to be separate from the husband of the daughter of the informant.

Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the fact that the thrust of accusation is against the husband of the daughter of the informant, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Vaishali at

Patna High Court CR. MISC. No.16160 of 2019(2) dt.15-03-2019 3/3 Hajipur in connection with Lalganj P.S. Case No. 438 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

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