Patna High CourtCR. MISC./1776/2015bail granted

Sandeep Nayyar And ORS v. The State Of Bihar

2015-01-15Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.1776 of 2015 (2) dt.15-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1776 of 2015 Arising Out of PS.Case No. -27833 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Sandeep Nayyar

2. Rina Nayyar

3. Rekha Nayyar

4. Om Prakash Nayyar

5. Dolly Singh @ Dolly Nayyar

6. Prasant Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s Mr. Uma Nath Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 15.01.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners being in-laws of the complainant apprehends their arrest in connection with Complaint Case No. 27833 of 2014 in which cognizance has been taken under section 498A of the IPC. Although petitioners are merely blood relation but general and omnibus allegation of torturing as well as demand of dowry has been levelled against them.

No doubt, there is allegation against petitioner nos.1 and 5 that they assaulted the complainant but no injury report was produced before the court below. Furthermore, I find that when learned Sessions Judge tried to patch up the dispute of the parties, complainant flatly refused to lead her conjugal life with her husband. So far as snatching of ornament is concerned, learned counsel for the petitioner drew my

Patna High Court Cr.Misc. No.1776 of 2015 (2) dt.15-01-2015 attention towards annexure 2 to this petition and submitted that complainant took her ornament and gave receipt thereof before police. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Patna in Complaint Case No. 27833 of 2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T