Birendra Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51565 of 2014 Arising Out of PS.Case No. -55 Year- 2014 Thana -GOPALPUR District- GOPALGANJ ======================================================

1. Birendra Singh, son of Late Ramraj Singh

2. Tetari Devi, wife of Birendra Singh Both resident of village - Semriya tola Darji Patti, P.S. Kateya, District - Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. Ramesh Chandra(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2015 Heard learned counsel for the petitioners and the State.

The petitioners being the parents of the husband of the complainant are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 406/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of the dowry demand.

It is alleged that the husband of the complainant went to Saudi Arabia and the petitioners are not keeping her in the matrimonial house.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.51565 of 2014 (2) dt.18-02-2015 petitioners that the petitioners are ready to keep the complainant as their daughter-in-law with full dignity and honour. Statement to that effect has been made in para-15 of the petition.

Considering the present of the petitioners, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, 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, Gopalganj in connection with Gopalpur P.S. Case No. 55 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. The bail bond of the petitioners shall be accepted by the learned court below on filing affidavit to the effect that they will allow the complainant to enjoy her share of property in the in-laws house. The said affidavit will be transmitted to the local Police Station. The violation of undertaking made in the affidavit will give liberty to the learned court below to cancel the bail bond of the petitioners.

(Dinesh Kumar Singh, J) P.K./- U T