Radha Devi @ Radha Devi Jha And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1800 of 2017 Arising Out of PS.Case No. -165 Year- 2012 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Radha Devi @ Radha Devi Jha, W/o Chandra Shekhar Jha

2. Chandra Shekhar Jha, S/o Late Damodar Jha Both Resident of Village- Basnahi, P.S.- Basnahi, District- Saharsa .... .... Petitioners

Versus

1. State of Bihar

2. Sunita Pathak, Daughter of Anant Pathak, Presently Residing at Professor Colony, P.S.- Sultanganj, District- Bhagalpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Anuj Kumar, Advocate Mr. Mithilesh Kumar Pathak, Advocate Mr. Arun Kumar Prasad, Advocate For the Opposite Parties : Mr. Sri Ajay Kumar -2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Sultanganj P.S. Case No. 165 of 2012 instituted for the offence under Section 498A/34 of the Indian Penal Code and under Section 3⁄4 of Dowry Prohibition Act.

It is alleged in the written report that informant was married with Ajay Jha in the year 2003. She was tortured in her sasural by her husband and other family members. She has further alleged that during staying in Lucknow, her husband had developed illicit relation with another lady and demanded dowry and due to non-fulfillment of the same, she was ousted from the

Patna High Court Cr.Misc. No.1800 of 2017 (2) dt.25-01-2017 2/2 house.

It is alleged that petitioners are father-in-law and mother-in-law of the informant. From the written report itself it appears that there is no any allegation of overt act against them. In the circumstances, prayer of the petitioners for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Sultanganj P.S. Case No. 165 of 2012, they shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J.) ravi/- U T