Dinbandhu Tiwary And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.39576 of 2014 (3) dt.09-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39576 of 2014 Arising Out of PS.Case No. -396 Year- 2014 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Dinbandhu Tiwary Son of Late Ram Ratan Tiwary

2. Rupa Devi Wife of Din Bandhu Tiwary

3. Neelam Devi @ Kumari Neelam @ Nilam Tiwary Wife of Rajesh Tiwary

4. Anita Choubey W/o Sri Binod Choubey

5. Binod Choubey Son of Sri Yugal Kishore Choubey .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rani Tiwari D/o Sri Niranjan Tiwari .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nilendu Kumar Choudhary For the Opposite Party/s : M/s. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-02-2015 Supplementary affidavit is filed on behalf of the petitioners. Similarly, counter affidavit is filed on behalf of the complainant (opposite party no. 2) Heard learned counsel for the petitioners, learned counsel for the complainant as well as learned Additional Public Prosecutor for the State.

The prayer of anticipatory bail of petitioner no. 1 has already been dismissed as withdrawn and so far as rest petitioners are concerned, they are in-laws of the complainant and no specific overt-act has been attributed against them. It appears from perusal of complaint petition that entire allegation centres around against

Patna High Court Cr.Misc. No.39576 of 2014 (3) dt.09-02-2015 the husband of the complainant. Moreover, in course of argument, learned counsel for the petitioners drew my attention towards Annexure-7 to the supplementary affidavit and submitted that virtually the relation between complainant as well as her husband had already been ended in the year 2012.

Considering the aforesaid facts and circumstances as well as submissions of the parties, all the above named petitioners except petitioner no. 1, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Bhagalpur in Complaint Case No. 396 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T