Upendra Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31293 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Upendra Singh, son of late Ram Chhabila Singh

2. Prabha Devi, wife of Upendra Singh, both residents of village Ganiyari, P.S. Sakra (Bariyarpur O.P.) district Muzaffarpur .... .... Petitioners

Versus

1. The State of Bihar

2. Nutan Kumari, wife of Vikash Kumar Singh, d/o Kameshwar Prasad Singh, presently residing at village Rampur, P.S. Patepur, district Vaishali .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Arun Kumar, Adv. For the Opposite Parties : Mr. Umanath Mishra, APP 234 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-07-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 341, 323, 498A, 307, 504 and 34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act. The petitioners are parents-in-law of opposite party no. 2. There is allegation of demand of dowry and torture for the same. In paragraph 11 of the petition it has been stated that the petitioners are ready for providing the right of residence of maintenance to opposite party no. 2.

In the circumstances, let the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Sakra P.S. Case No. 101 of 2017 to the

Patna High Court Cr.Misc. No.31293 of 2017 (2) dt.13-07-2017 2/2 satisfaction of the Sub Judge XIII-cum-Additional Chief Judicial Magistrate, Muzaffarpur, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code and, further, with the condition that the Court below shall notice the parties and take necessary steps for amicable settlement. If the petitioners would be found cooperative in the settlement of dispute and willing for restoration of conjugal life, then, the provisional anticipatory bail shall be confirmed by the Court below, itself, otherwise necessary order would be passed according to law.

(Birendra Kumar, J) SA/- U √ T √