Gayatri Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32390 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -MAHILA P.S. District- NAWADA ======================================================

1. Gayatri Devi, wife of Murari Tiwari

2. Murari Tiwari, son of late Talkeshwar Tiwari .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2016 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 498A, 504, 34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Basic accusation is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the entire inlaws family including the petitioners. The petitioners have been roped in the present case simply because they happen to be the parents of the husband of the informant. Moreover, the thrust of accusation is against the husband of the informant, who is ready

Patna High Court Cr.Misc. No.32390 of 2016 (2) dt.02-08-2016 2/3 to keep the informant as wife with dignity and honour. A statement to that effect has been made in paragraph 18 of the petition, which reads as follows :- "That, it is relevant to mention here that the husband of the informant is ready to keep the informant with full love and honour."

It is further submitted that the husband of the informant has filed Matrimonial Suit No. 14/2016 for restitution of conjugal life and thereafter the present case has been lodged. The petitioners are ready to allow the informant to enjoy her share property in the matrimonial house.

Considering the thrust of accusation against the husband of the informant, 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 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 ACJM-III, Nawadah, in connection with Mahila P.S. Case No.24/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioners shall be accepted by the learned court below on filing of separate affidavit to the

Patna High Court Cr.Misc. No.32390 of 2016 (2) dt.02-08-2016 3/3 effect that they will allow the informant to enjoy her share property in matrimonial house. It is expected that the learned Court below shall get the said affidavits transmitted to the concerned police station.

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