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Patna High CourtCR. MISC./1788/2017bail granted

Anil Kumar Verma And ORS v. State Of Bihar And ANR

2017-01-19Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1788 of 2017 Arising Out of Complaint Case No. -22 Year- 2014 Thana -BHAGALPUR COMPLAINT CASE District- BHAGALPUR ======================================================

1. Anil Kumar Verma,

2. Bimal Kumar Verma @ Bimla Kumar Verma,

3. Amar Kumar Sinha,

4. Niranjan Kumar Verma, All sons of Late Awadhesh Kumar Verma, residents of Village- Bakhari, P.S.- Kurshakanta, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anju Verma, Daughter of Sri Chaturanand Pd. Verma, resident of Village- Chanderi, P.O. & P.S.- Sabour, District- Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Advocate. For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted for the offence under Sections 498A, 420, 323, 384, 120 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The prosecution case is that the complainant was married with Shankar Kumar Verma in the year 2009. After marriage, the husband and other accused made demand of dowry and on non-fulfillment of the said demand, she was tortured in

Patna High Court Cr.Misc. No.1788 of 2017 (2) dt.19-01-2017 2/2 various ways.

The learned counsel for the informant appeared and has stated that the victim (wife) wants to live with her husband but the accused persons are not ready to keep her. The learned counsel for the petitioner has submitted that the husband is not the petitioner in the case. It is a duty of the husband to keep his wife with full honour and dignity. The petitioners are brother of the husband of the complainant. From the complaint petition itself it appears that there is no specific overt act alleged against the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioners in the event of surrender, named above, within six weeks from the date of receipt of this order, in connection with Complaint Case No. 22 of 2014, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Bhagalpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T