Patna High CourtCR. MISC./24355/2016bail granted

Bindeshwari Prasad Singh And ANR v. State Of Bihar And ANR

2016-05-31Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24355 of 2016 Arising Out of PS.Case No. -147 Year- 2015 Thana -COMPLAINT CASE District- KISANGANJ ======================================================

1. Bindeshwari Prasad Singh.

2. Rani Devi .... .... Petitioner/s

Versus

1. State of Bihar ,

2. Puja Kumari alias Chandni Kumari .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Mukesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-05-2016 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 in which process has been directed to be issued after cognizance being taken for the offences punishable 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 submitted by the learned counsel for the petitioners that the marriage between the complainant Puja Kumari alias Chandni Devi and Awadhesh Kumar has been declared null and void vide judgment dated 23.11.2012 passed by the learned Principa Judge, Family Court, Bhagalpur in Matrimonial Case No.

Patna High Court Cr.Misc. No.24355 of 2016 (2) dt.31-05-2016 2/2 215 of 2011 and thereafter the present complaint has been filed. It is further submitted that the mother of the complainant has also filed Case No. 156 of 2012 before the Bihar State Women Commission.

Considering the thrust of accusation 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. 147C of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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