Prem Chandra Tiwary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32847 of 2016 Arising Out of Complaint Case No. -17 Year- 2015 Thana -COMPLAINT CASE DistrictSHEOHAR ======================================================

1. Prem Chandra Tiwary son Sushil Tiwary

2. Prem Late Devi Wife of Prem Chandra Tiwary .... .... Petitioner/s

Versus

1. The State of Bihar

2. Priyanka Devi wife of Ritesh Tiwary .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2016 Heard learned counsels for the petitioners and the State.

The petitioners being the parents of the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 323 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Basic accusation is of torture for non-fulfillment of dowry demand. It is also alleged that the petitioners tried to cause burn injury to the complainant but no injury was caused to her. It is submitted by learned counsel for the petitioners that the petitioners claim to be separate from the husband of the

Patna High Court Cr.Misc. No.32847 of 2016 (2) dt.04-08-2016 2/2 complainant and as per own admission of the complainant no injury was caused to her. The petitioners are ready to allow the complainant to enjoy her share proper in the matrimonial house. Considering the thrust of accusation against the husband of the complainant and no injury was caused to 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 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, Sheohar, in connection with Complaint Case No.C1/17/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioners will be accepted by the learned court below on filing of separate affidavit to the effect that they will allow the complainant 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