Lalan Kumar @ Lallan Kumar And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27284 of 2015 Arising Out of PS.Case No. -88 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ======================================================
1. Lalan Kumar @ Lallan Kumar Son of Late Mahendra Chaurasiyan
2. Raj Kumari Devi Wife of Late Mahendra Prasad Chaurasiya Both resident of village - Jamalabad, P.S. Ahiyapur, District - Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Sandhya Kumari Wife of Lalan Kumar, Daughter of Ram Pravesh Chaurasiya Presently living at village - Diggi Kala, P.S. Hajipur Sadar, District - Vaishali .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Anita Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-07-2015 Heard learned counsel for the petitioners and learned A.P.P. appearing for the State.
Petitioner No. 1 being the husband of the informant and petitioner no. 2 being the mother of petitioner no. 1 are apprehending arrest in a case registered for the offences punishable under sections 341, 342, 323, 307, 498(A) and 120(B) of the Indian Penal Code.
The basic accusation is of torture for non fulfillment of dowry demands.
It is submitted by the learned counsel for the petitioners that the informant had earlier filed complaint case
Patna High Court Cr.Misc. No.27284 of 2015 (2) dt.22-07-2015 No. 703 of 2009 wherein the petitioner accepted to take the informant to her matrimonial house but at the matrimonial house, the informant created a scene by putting a room on fire leading to lodging a first information report on 20.02.2015 vide Ahiyapur P.S. Case no. 129 of 2015.
It is submitted by the learned counsel for the petitioners that the petitioners are making payment of Rs.1500/- in pursuance of the order passed in Criminal Misc. No. 6768 of 2014 whereby the petitioner was granted provisional bail in the earlier case and also a sum of Rs.5000/- per month in pursuance to the order passed in Maintenance Case no. 37 of 2014. Considering the fact that this is a second case filed by the informant levelling accusation under section 498-A of the Indian Penal Code and petitioner no. 1 is making payment of Rs. 6500/- per month to the informant, 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 the learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 88 of 2015 subject to the conditions as laid down under section 438(2) of the Code of
Patna High Court Cr.Misc. No.27284 of 2015 (2) dt.22-07-2015 Criminal Procedure, 1973. The bail bond of petitioner no. 1 will be accepted by the learned court below after verification of the fact that petitioner no. 1 has made payment of up-to-date maintenance amount.
(Dinesh Kumar Singh, J) Amin/- U