Madhuri Devi And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38429 of 2015 Arising Out of PS.Case No. -1991 Year- 2014 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Madhuri Devi wife of Daya Manjhi

2. Daya Manjhi son of Dalan Majhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rita Devi wife of kishore Manjhi .

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Narendra Kumar For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-08-2015 Heard learned counsels for the petitioner and the State. The petitioners being the parents of late husband of the complainant are apprehending arrest in a complaint case filed with accusation under Sections 498A, 323, 379 and 384 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act wherein process has been directed to be issued after cognizance being taken.

The prosecution is that the complainant's husband was married to Kishore Kumar, the son of the petitioners in the year 2010, subsequently the husband of the complainant committed suicide, thereafter, the complainant was driven out from the matrimonial house after taking away her belonging including the

Patna High Court Cr.Misc. No.38429 of 2015 (2) dt.28-08-2015 2/2 jewellery.

It is submitted by learned counsel for the petitioners that after the death of the son of the petitioners, the complainant was wanting to marry with younger son of the petitioners which was not accepted by the petitioners hence the present complaint was filed and two minor daughters of complainant are still staying with the petitioners. The petitioners are ready to keep the complainant with dignity and honour in the matrimonial house. Statement to that effect has been made in para 10 of the petition which reads as follows:- "That the petitioners always and still ready to keep the complainant i.e., O.P. No. 2 with full honour and dignity."

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Saran at Chapra in connection with Complaint Case No. 1991 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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