Chhotan Manjhi And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38019 of 2015 Arising Out of PS.Case No. -6 Year- 2013 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================
1. Chhotan Manjhi,
2. Phulwa Devi,
3. Upendra Manjhi,
4. Sona Devi,
5. Sato Manjhi,
6. Munni devi, .... .... Petitioner/s
Versus
1. State of Bihar,
2. Shobha Devi .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gauri Shankar Prasad For the Opposite Party/s : Mr. Sangita Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-08-2015 Heard learned counsels for the petitioners and the State.
The petitioners being brother, brother's wife, mother and second wife of the late 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 Sections 498A and 494 of the Indian Penal Code. The basic accusation is of torture and performance of second marriage.
Patna High Court Cr.Misc. No.38019 of 2015 (2) dt.27-08-2015 2/3 It is submitted by the learned counsel for the petitioners that the husband of the complainant is dead and the petitioners have no objection in allowing the complainant to live with due dignity at the matrimonial house.
Considering the aforesaid facts, 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, Nawada in connection with Complaint Case No. 6 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.
The bail bonds of the petitioners will be accepted on filing of affidavit each of the petitioner before the learned court below that they will allow the complainant to enjoy her share of property in the matrimonial house. The said affidavits will be transmitted by the learned court below to the concerned I.O. Non compliance of the aforesaid undertaking will give liberty
Patna High Court Cr.Misc. No.38019 of 2015 (2) dt.27-08-2015 3/3 to prosecution to file application for cancellation of bail by learned court below.
(Dinesh Kumar Singh, J) Anil/- U T