Savitri Kumari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28867 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -KINJAR District- JEHANABAD ======================================================
1. Savitri Kumari W/O Sri Santosh Kumar,
2. Gayatri Kumari
3. Pappu Kumar @ Pappu Prasad
4. Manish Kumar All are son of Rajendra Sao @ Rajendra Prasad Sao, .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rashmi Kumari Mandilwar, Advocate For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-07-2016 Heard learned counsels for the petitioners and the State.
The petitioners being parents, sisters and brothers of late husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 323/379/354B/498A/34 of the Indian Penal Code. Basic accusation is of torture, making assault and outraging the modesty of the informant.
It is submitted by learned counsel for the petitioners that the petitioners are ready to allow the informant to enjoy her share property in the matrimonial house and the present case has been filed in the background of partition in the joint share property. The accusation is omnibus and general
Patna High Court Cr.Misc. No.28867 of 2016 (2) dt.14-07-2016 2/2 Considering the nature of accusation and the present stand of the petitioner, let the above named petitioners be released on anticipatory bail provisionally for six months, 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 CJM, Arwal in connection with Kinjer P.S. Case No.26/2016, 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 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.
The provisional bail of the petitioners shall be confirmed by the learned court below on being satisfied about the compliance of undertaking given before this Court by the petitioners.
(Dinesh Kumar Singh, J) Ashwini/- U T