← Library
Patna High CourtCR. MISC./46653/2015bail granted

Asharfi Mahto And ANR. v. State Of Bihar And ANR

2015-10-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46653 of 2015 Arising Out of PS.Case No. -139 Year- 2015 Thana -MANJHI District- SARAN ======================================================

1. Asharfi Mahto son of late Bhikham Mahto

2. Dulari Devi wife of Asharfi Mahto Both are resident of Village- Chakiya, P.O. Dumari, Police Station- Manjhi, District- Saran (Chapra). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shri Bhagwan Mahto son of Late Tilak Mahto, resident of Village- Biram Parsa, P.O. Sirsiya, Poiice Station- Revelganj, District- Saran (Chapra). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sachida Nand Rai For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2015 Heard learned counsels for the petitioners and the State. The petitioners being the parents of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 323, 498A and 504 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioners that the accusation of torture is omnibus and general and thrust of accusation is against the husband of the informant. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or

Patna High Court Cr.Misc. No.46653 of 2015 (2) dt.01-10-2015 2/2 surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., Chapra, Saran in connection with Manjhi P.S. Case No. 139 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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