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Patna High CourtCR. MISC./50550/2015bail granted

Bimla Devi @ Shanti Devi And ANR v. State Of Bihar And ANR

2015-11-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50550 of 2015 Arising Out of PS.Case No. -455 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Bimla Devi @ Shanti Devi wife of Late Vishanudev Singh

2. Ragni Devi @ Munchun daughter of Late Vishanudev Singh Both are resident of Village- Ramdiri, tola- Labhaharchak, P.S.- Matihani, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kalpana Kumari @ Mona Kumari Wife of Rajanish Kumar At presently, Residing at Saravodaya Nagar, Yog Sansthan Gali, P.S.- Nagar, DistrictBegusarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashish Kumar, Advocate For the Opposite Party/s : Mr. Md.Arif (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-11-2015 Heard learned counsel for the petitioners and the State.

The petitioners being mother and sister of the husband of the complainant are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 313, 379 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand and getting pregnancy of the informant terminated.

It is submitted by the learned counsel for the petitioners that husband of the informant has filed

Patna High Court Cr.Misc. No.50550 of 2015 (2) dt.02-11-2015 Matrimonial Suit for restitution of conjugal life and is ready to keep the complainant as wife with due dignity and honour. Statement to that effect has been made in para-18 of the petitioner which reads as follows:- "That in spite of several miss deeds committed by the informant the husband of the informant along with these petitioners wants to keep the informant in their house with all her dignity."

Considering the thrust of accusation against 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 Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 455 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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