Shakuntala Devi @ Shakuntala Kuwar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37947 of 2018 Arising Out of PS. Case No.-105 Year-2018 Thana- MADANPURA District- Aurangabad ======================================================
1. Shakuntala Devi @ Shakuntala Kuwar, W/o- Late Janeshwar Yadav,
2. Lalti Devi, W/o- Upendra Yadav,
3. Upendra Yadav, S/o Late Janeshwar Yadav, All Residents of Vill.- Anajanwa Tola, Balawant Bigha, P.S.- Madanpur, DistrictAurangabad (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar For the Opposite Party/s :
Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-07-2018 Heard learned counsels for the petitioners and State. The petitioners being the mother, sister-in-law and brother of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 504 and 506/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act.
The prosecution case as per the written report of Rintu Kumari, submitted to the Station House Officer, Madanpur Police Station, is to the effect that the informant was married
Patna High Court Cr.Misc. No.37947 of 2018(2) dt.05-07-2018 2/3 with Satyendra Kumar on 06.07.2010. For some time, the informant lived in her matrimonial house with honour and dignity being accorded to her, but subsequently, torture was inflicted upon her for non-fulfillment of the further dowry demand of Motorcycle, gold chain, gold ring and Rs. 2 lacs. Subsequently, the issue was reconciled, but thereafter, again torture was inflicted and ultimately, the informant was driven out from the matrimonial house.
It is submitted by learned counsel for the petitioners that the accusation of demand of dowry after eight years of marriage appears to unreasonable. All the provisions of the IPC under which the FIR has been lodged, are bailable. Thrust of accusation is against the husband of the informant. Learned APP submits that the petitioners are named in the FIR.
Considering the thrust of accusation against the husband of the informant, 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 Chief Judicial Magistrate, Aurangabad in connection
Patna High Court Cr.Misc. No.37947 of 2018(2) dt.05-07-2018 3/3 with Madanpur P.S. Case No. 105 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