Manita Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28166 of 2016 Arising Out of PS.Case No. -6392 Year- 2015 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Manita Devi, W/o Manoj Yadav

2. Sarita Devi, W/o Late Madan Yadav

3. Lalita Devi, W/o Sunil Yadav

4. Sunil Yadav, s/o Late Madan Yadav

5. Manoj Yadav, S/o Late Madan Yadav

6. Ganesh Yadav, S/o Late Madan Yadav All are resident of village- Bhalua, P.S.- Govindpur, District- Nawada .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mamta Devi, W/o Munna Yadav, D/o Kuldip Yadav, resident of villageBhalua, P.S.- Govindpur, District- Nawada at present resident of villageRupo, P.S.-Rupo, Kawakol, District- Nawada .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Sri Dashrath Mehta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-07-2016 Heard learned counsel for the petitioners and the State.

The petitioner being the brother's wife, mother and brother 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 Section 498A of the Indian Penal Code.

The prosecution case is that the complainant was married with Munna Yadav on 22.05.2011 thereafter torture was inflicted for non fulfillment of dowry demand and husband

Patna High Court Cr.Misc. No.28166 of 2016 (2) dt.11-07-2016 of the complainant performed second marriage. Ultimately the complainant was driven out from the matrimonial house on 30.05.2015. It is alleged that the entire in-laws family members inflicted torture.

It is submitted by the learned counsel for the petitioners that the thrust of accusation is against the husband of the complainant and the accusation is omnibus and general against entire in-laws family members. It is submitted by the learned counsel for the complainant that accusation of inflicting torture has also been levelled against these petitioners.

.Considering the thrust of accusation against the husband of the complainant, let the above named petitioners be released on 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 Additional Chief Judicial Magistrate, Nawada in connection with Complaint Case No. 6392 of 2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

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