Mahanth Sah And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75364 of 2018 Arising Out of PS. Case No.-819 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ======================================================
1. Mahanth Sah, Son of Late Chanar Sah,
2. Chandra Wati Devi, Wife of Sri Mahanth Sah,
3. Jokhan Sah, Son of Sri Mahanth Sah,
4. Lalita Devi, Wife of Sri Jokhan Sah, All Resident of Village-Aankhwa Jamuniya, P.S.-Shikarpur, District-West Champaran.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Mamta Devi Wife of Chandan Sah, Daughter of Dina Sah, Resident of Sahasrao, P.S.-Bhairoganj, District-West Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners, being the parents, brother and the brother's wife of the husband of the complainant, are apprehending their arrest in a complaint case, wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act. The prosecution case as per the complainant is that the complainant's marriage with Chandan Sah was performed in
Patna High Court Cr.Misc. No.75364 of 2018(2) dt.15-01-2019 2/3 2006, subsequently, they were blessed with two daughters. Thereafter, there was further dowry demand of Rs.One lakh and for non-fulfillment of the same, the complainant was being tortured. It is lastly alleged that on 30.09.2017, the complainant was driven out from the matrimonial house.
It is submitted by learned counsel for the petitioners that the accusation against the petitioners is omnibus and general. The thrust of accusation is against the husband of the complainant and the petitioners have been roped in the present case simply because they happen to be family members of the husband of the complainant.
Learned APP submits that there is accusation of torture against entire in-laws family.
Considering the accusation against the petitioners being general and omnibus, the thrust of accusation against the husband of the complainant, 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bagaha, West Champaran in connection with Trial No. 3054 of 2018,
Patna High Court Cr.Misc. No.75364 of 2018(2) dt.15-01-2019 3/3 arising out of Complaint Case No. 819-C of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T